NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated and continues to violate the terms of
the currently effective
Agreement between the
parties when, on
various dates May 15 .to June 1, 1957, it removed from the scope of
the Clerks' Agreement work which for as long as there is any record
has been assigned to and performed by occupants of clerical positions
in the Mechanical Department of the Carrier and assigned such work
to Car Inspectors and Lead Carmen, who are covered by an
Agree
ment between the Carrier and another craft, and to Car Foremen.
(2) Carl A. Nemnich, Car Clerk, Kansas City, Missouri,
and/or the senior available extra Clerk in the Mechanical Department Northern Division Seniority district, now be allowed eight
hours' pay at the rate of the former Car Clerk Position No. 40, June
1, 1957 until corrected, except rest days and holidays; and eight
hours at overtime rate for each Saturday, Sunday and holiday, June
1, 1957 until corrected.
(3) K. W. Recknagel, Car Clerk, Enid, Oklahoma, now be allowed one hour per day overtime for each date of his regular assignment for which there are claims on record June 1, 1957 until
corrected, and eight hours per day at overtime rate for each Saturday and Sunday, rest days, and holidays for which there are claims
on
record,
June 1, 1957 until
corrected.
(4) D. T. Anderson, who relieved Car Clerk at Enid, Oklahoma, now be allowed one hour per day at overtime rate for each
work day of his assignment, November 4 to November 22, 1957, and
eight hours per day overtime for each rest day, November 9, 10, 23
and 24, 1957.
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:
[1827
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That 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 thus 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 October 20, 1959, 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: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 18th day of November, 1959.