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 has violated and continues to violate the rules
of the Clerks' Agreement and the principles involved in Supt. Curtis'
decision dated February 27, 1952 in his Local Case No. 2246
(Employes' Exhibit "A"), by its failure and refusal to establish the
position of Timekeeper on Maintenance Gang No. 14 when the clerical work there involved was performed by employes other than the
foreman.
(b) The Carrier violated the Clerks' Agreement and Letter of
Understanding dated July 2, 1954 (Employes' Exhibit "B") by its
failure to provide a timekeeper for Maintenance Gang No. 14 when
said gang was increased to 25 or more men.
(c) Mr. L, F. McAdams and/or other employes adversely
affected be compensated for the difference between the daily compensation received and the amount they would have earned had a
timekeeper been properly assigned to this gang beginning on or
about November 1, 1954, and continuing until violation is corrected,
such difference to be not less than a days pay in addition to compensation already received for service on such days.
(d) The Carrier violated the provisions of Article V, Sections
1, (a) and (c) of the Agreement dated August 21, 1954, in declining
claim (b) above on June 6, 1954, or 30 days beyond its time limit.
NOTE: The names of other employes adversely affected to be
determined by a joint check of Carrier's payrolls, timerolls, etc.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
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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.