THE NEW YORK, CHICAGO AND ST. LOUIS
RAILROAD COMPANY
1. Carrier violated the agreement between the parties signatory thereto when, acting alone, it abolished the position of second shift operator at Noblesville, Indiana, September 3, 1953, without in fact abolishing the work of the position and transferred said work to employes not covered by the Telegraphers' Agreement; and
3. Pay to the senior idle employe, extra in preference on the seniority district involved, 8 hours at the pro rata rate for each day beginning September 3, 1953 and on a continuing basis until the violation has been corrected, except on holidays when such employe would be entitled to be paid time and one-half rate; and
4. Any other employes who have been adversely affected by Carrier's improper abolishment shall be compensated for any loss of wages and expenses incurred, such information to be developed by a joint check of Carrier's records.
All that is contained herein is either known or available to the Employes and their representatives.
OPINION OF BOARD: The record shows that the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes are an interested third party to this claim and that consideration of the merits must be deferred pending notice to that Brotherhood with an opportunity to be heard.
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 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;
That the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes are entitled to notice of hearing pursuant to Section 3, First (j) of the Railway Labor Act, as amended.
Hearing and decision on merits deferred pending due notice to the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes to appear and be represented in this proceeding if it so desires.