Award No. 9163
Docket No. CL-8058
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
SEABOARD AIR LINE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that the Carrier violated the Rules of the Clerks' Agreement
at:
(1) Richmond (Hermitage) Virginia, Diesel Shop
(a) On Thursday, November 25, 1964, (Thanksgiving),
Saturday, December 25, 1954 (Christmas) and Saturday, January
1, 1955 (New Year) it required the Diesel Clerks at Hermitage
Diesel Shop to suspend work during regular hours to perform work
assigned to and regularly performed by Clerks at Hermitage Storehouse, thereby absorbing overtime accreting to the Storehouse
Clerks.
(b) That, as a penalty for the Agreement violation, the
following Diesel Clerks be paid eight (8) hours at the punitive
rate of their respective positions, in addition to amounts previously received, for each of the days shown.
J. C. Bottous November 25, 1954 (Thanksgiving)
Clinton Capps November 26, 1954 (Thanksgiving)
December 25, 1964 (Christmas)
January 1, 1965 (New Year)
H. B. Caplos December 25, 1954 (Christmas)
January 1, 1955 (New Year)
(2) Hamlet, North Carolina, Diesel Shop
(a) On Monday May 30, 1955 (Memorial Day) it required
the Diesel Clerk at Hamlet Diesel Shop to suspend work during
his regular hours to perform work assigned to and performed by
the Counterman at Hamlet Store No. 1, thereby absorbing oven
time accruing to the Counterman's position.
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(b) That, as a penalty for the Agreement violation, Clerk
Jack Parks be paid eight (8) hours at the punitive rate of his
position for May 30, 1955.
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 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 parts by the complainant party; and
That hearing thereon has been held and concluded. Under date of
December 4, 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, thus 11th day of January, 1960.