Award No. 9164 Docket No. CL-9767

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

KANSAS CITY TERMINAL RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) The Carrier violated the provisions of Rule 37 (a) during the period September 1, 1949, to February 17, 1956, when it permitted and/or required Assistant General Foremen, Mail and Baggage Department, to work in excess of eight hours on their work days and failed to compensate them for such work in excess of eight hours, and;

(b) The Carrier pay Assistant General Foremen R. E, Stephens, Thomas Ellerton, John G, Ellis, J. H. Ammerman and Vern F. Just and other employes who relieved them on rest days or worked in their place on other days one additional hour's pay at the overtime rate of their respective positions for each day worked (including vacation days) during the period September 1, 1949, to February 17, 1956.

FINDINGS: The Third Division of the Adjustment Board, 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 the dispute was certified to the Third Division of the Adjustment Board ex parts by the complainant party; and

That hearing thereon was waived by the parties. Under date of December 11, 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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