NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE WESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
This is a claim of the System Committee of
the Brotherhood that:
(a) The Carrier has violated and continues to violate the rules
of the Clerks' Agreement in permitting and/or requiring the Yardmasters to perform routine clerical work at Portola, California, and
(b) Mr. Everett Humphreys, Crew Clerk at Portola, California,
is entitled to and shall now be additionally compensated for 8 hours
at the overtime rate for October 5 and 6, and November 11, 1955,
account Yardmaster performing routine duties normally and regularly performed by Crew Clerks.
(c) Messrs Everett Humphreys and H. D. Manit, First and
Second Trick Crew Clerks, respectively, at Portola, California, and
their relief and/or successors are entitled to and shall now be compensated for eight hours at the overtime rate (in addition to compensation already received for service performed on such days), for
each day, beginning October 5, 1955, on which the Yardmaster has
performed routine clerical work on their respective shifts, except as
otherwise covered by claim (b) above. This claim to continue until the
violation is corrected.
NOTE: The dates on which the violations occurred to be determined from a joint check of Carrier's records and/or records maintained by the employes.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the carrier and the employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as
approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein;
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That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That hearing thereon was waived by the parties. Under date of September 2, 1958, the parties jointly advised the Secretary of the Third Division
of their desire to withdraw this case from further consideration by the
Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 16th day of September, 1958.