Award No. &995 Docket No. CLr8571

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE DELAWARE, LACKAWANNA AND WESTERN

RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes on the Delaware, Lackawanna and Western Railroad, that the Carrier violated and continues to violate the Clerks' Agreement:

(1) When effective with the inauguration of the so-called piggy-back service at Grove Street Yard, Jersey City, N. J., it improperly allocated the work of unloading, loading, blocking and tying down of such freight to carman, employes not covered by the Clerks' Agreement, and

(2) That the Carrier shall be required to properly assign the work enumerated herein, to employes covered by the scope and operation of the Clerks' Agreement, and that all or any employes adversely affected by the improper assignment of said work shall be reimbursed for all monetary losses sustained, retroactive to January 1, 1.955 and until such time as the condition is corrected.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:

That the carrier and 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;

That the dispute was certified to the Third Division of the Adjustment Board ex parte by the complainant party; and

That hearing thereon has been held and concluded. Under date of September 16, 1959, the parties jointly advised the .Secretary of the Third Division

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