NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that the Carrier violated the Agreement between the parties
when:
(A) On June 1, 1958, Carrier arbitrarily removed H. S. James
- and his position of Cashier at Millington, Tennessee, from the
Mississippi Division Seniority Roster, and transferred both to the
Memphis Freight Station Seniority Roster, and
(B1 That the Carrier shall now be required to return the position of Cashier at Millington, Tennessee, and the incumbent thereof,
H. S. James, to the Mississippi Division Seniority Roster from which
it was arbitrarily removed, and
(C) That as a penalty, because of such violative action, the
Carrier be required to compensate H. S. James a day's pay at the
rate attaching to said Cashier's position, in addition to the daily
compensation he (James) has been paid from June 1, 1958, and
forward to the date said Cashier's position and the incumbent thereof,
H. S. James, are restored to the Mississippi Division Seniority Roster.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the Carrier and the Employe involved in this dispute are respectively carrier and employe 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
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That hearing thereon was waived by the parties and under date of
January 25, 1960, 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.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 24th day of March, 1960.