Award No. 9075 Docket No. CL-11064

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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 the terms of the currently effective Agreement between the parties when on or about April 29, 1958 it abolished the third shift Yard Clerk position and removed the work of handling mail and baggage from Trains 309 and 310 at Joplin, Missouri, including the operation of the fork lift, from the scope of the Clerks' Agreement and assigned the work to Telegraphers, who hold no seniority or other rights under the Clerks' Agreement, requiring them to leave their posts of duty in order to perform the work.

(2) G. L. Provins, senior extra Group 3 employe, now be allowed eight hours at pro rata rates for each day at the rate of the Motor Operator-Janitor Position, April 29, 1958, until 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 carrier and employe involved in this dispute are respectively carrier and employe 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 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.

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