Docket No. C1.10903
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
KANSAS CITY TERMINAL RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of System Committee of the
Brotherhood that:
(a) The practice of the Carrier of affording sick leave
payments to employes holding positions of Assistant General Foremen, Mail and Baggage Department, for many years constituted
and established contractural rights that could only be removed by
compliance with the provisions of the Railway Labor Act, and;
(b) The Carrier violated the practice, the Agreement and
the Railway Labor Act when on or about June 9, 1956, the Carirer
by unilateral action discontinued the practice of affording sick
leave pay to Assistant General Foremen, and;
(c) The Carrier pay claims filed for and in behalf of the following Assistant General Foremen for the dates given, being dates
they were not on duty account of reported illness:
G. G. Golden, June 9 and 10, 1956
J. H. Ammerman, August 6, 1956
R. E. Stephens, October 15, 1957 (Four Hours)
Ralph E. Stephens, October 8, 1957
John Ellis, November 21, 24, 25, 1957
Frank R. Beck, September 1, 6, 7, 8, 9, 10, 13, 1957
Frank R. Beck, November 29, 1957
at the rate of the position as of the dates given for eight hours
except in the case of R. E. Stephens for October 15, 1957, which
claim is for four hours.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
[8371
9167-2
838
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
disptue 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 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 s 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 11th day of January, 1960.