NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE WESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
This is a claim of the System Committee of
the Brotherhood that:
(a) The Carrier violated and continues to violate the rules of
the Clerks' Agreement through its action in abolishing the position
of Roundhouse-Clerk, Portola, California and Roundhouse-Cleric,
Stockton, California, both with hours 11:59 P. M. to 7:59 A. M.,
effective with the completion of work Wednesday, March 9, 1949,
and assigning part of the work of these positions to employes outside
the Clerks' Agreement.
(b) A Third Trick Roundhouse Clerk's position be reestablished, bulletined and assigned in Stockton, California and at Portola,
California.
(c) That the two senior Mechanical Department furloughed
employes be compensated for a day's pay at the Roundhouse Clerk's
rate for each and every day that the work here involved has been
performed by employes outside the Agreement, beginning March 10,
1949, and continuing until the violations are corrected.
In the event that there are no Mechanical Department furloughed clerks,
qualified and available, then Mrs. M. L. Elliott, the senior available Roundhouse Clerk at Stockton, and Mr. J. W. Weddell, the senior available Roundhouse Clerk at Portola, shall each be paid for eight hours for each of the days
involved in this claim, at the rate of time and one-half, beginning March 10,
1949, and continuing until the violation is corrected.
NOTE 1: Due to employes laying off, on vacation or having
change in employment status, restitution to other employes who
may be involved shall be determined by joint check of Carrier's payroll records, etc.
NOTE 2: In the event that Tour Honorable Board takes the
position that the Letter Agreement of July 2, 1954, takes precedence
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over the Rules Agreement, and served as a cut-off to the retroactive
payment involved, we respectively request that the following be substituted for the first paragraph of "(c)" above.
That the two senior Mechanical Department furloughed employes be
compensated for a day's pay at the Roundhouse Clerk's rate for each and
every day that the Carrier has failed and/or refused to make these assignments from February 4, 1955, at Stockton, and from February 13, 1955, at
Portola, and continuing until the violations are corrected.
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 February 23, 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.