Award No. 9293
Docket No. CL-9627
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 by permitting and/or requiring employes
outside the scope of the Clerks' Agreement to perform the work
incident to maintaining the lavatories in working condition at Terminous, California.
(b) Mr. L. F. McAdams is entitled to and shall now be compensated for a minimum call of 3 hours at the pro rata rate for each
of the 19 occasions on which janitor's work was performed by employes outside the scope of the Clerks' Agreement at Terminous,
California, between October 27 and December 12, 1955, both dates
inclusive.
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 employe involved in this dispute are respectively carrier
and employe within the meaning 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 has been held and concluded. Under date of February 23, 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.
[2161
9293-2
217
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.