Award No. 9283 Docket No. CL-10921

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

MISSOURI PACIFIC RAILROAD-Gulf District

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

(a) The Carrier is violating the Clerks' Agreement at DeQuincy, La., when it requires or permits persons not covered by the Clerks' Agreement to drive company owned truck, assigned to the Mechanical Department, to transport men and material to make repairs to equipment at outside points.

(b) Claim that truck driver L. J. Smith be paid on a call basis for violations occurring on June 6, 7, 10, 11, 13 and 18, 1958, a total of thirty-five hours and thirty minutes at punitive rate.

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 March 9, 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.

[1961