NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
NORFOLK AND WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(a) The Carrier violated the Agreement when at Bluefield,
West Virginia, on April 23, 1958, it issued vacancy bulletined incorrectly describing the duties of Chief Clerk to Terminal Trainmaster-in effect, abolishing the Chief Clerk position and creating
another-and removed the successful bidder, H. L. Graham, therefrom because of alleged inability to perform certain bulletined duties,
which duties were not defined or specified.
(b) The position of Chief Clerk to Terminal Trainmaster,
Bluefield, West Virginia, shall nowbe bulletined and the duties correctly described. H. L. Graham, F. E, Gerarheart, J. B. Barren
and C. H. Murphy, Jr., their substitutes and/or successors, shall
now be paid for all loss of wages and actual necessary expenses
incurred as a result of Carrier's wrongful action. Claim to be
effective May 23, 1958 and on each day thereafter that the violation
is permitted to exist.
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 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 was waived by the parties and under date of
December 28, 1959, the parties jointly addressed a formal communication to
the Secretary of the Third Division requesting withdrawal of this case from
further consideration by the Division, which request is hereby granted.
[9227
9188--2
923
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 14th day of January, 1960.