NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
CLAIM I:
(1) The Carrier violated the terms of the currently effective
Agreement between the parties when on April 10, 17, and 23, 1958
the Agent at Baxter Springs, Kansas, performed the duties regularly
assigned to and performed by the Cashier at that point during the
Cashier's meal period.
(2) H. C. Lockard, Cashier at Baxter Springs, now be allowed
one hour's overtime on each of the above dates.
CLAIM II:
(1) The Carrier violated the terms of the currently effective
Agreement between the parties when effective February 20, 1958 it
abolished the 3:00 P. M. to 11:00 P. M. Yard Clerk Position at Baxter
Springs and assigned the work thereof to others who hold no seniority
or other rights under the Clerks' Agreement.
(2) B. N. Barlow, now be allowed one day's pro rata pay for
each working day of the Yard Clerk assignment, February 21
through March 23, April 22 through April 24, April 26 through
April 30, May 1 through May 5, June 23 through June 27, July 3
and 4.
(3) J. L. Spencer now be allowed one day's pay for each working date of the Yard Clerk position, March 24 through April 21, and
May 6 through June 3.
(4) J. D. Totman now be allowed one day's pay for each
working date of the Yard Clerk Position on April 25 and June 4
through June 22.
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(5) B. F. Piotrowski now be allowed one day's pay at the rate
of the Yard Clerk Position, June 28, 29, July 1, 2, and each working
day, July 5 through July 20.
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
January 18, 1960, 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, this 24th day of March, 1960.