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 its failure and refusal to advertise and
assign the position titled "Manager of Statistical Bureau" in the
Freight Traffic Department in San Francisco, in accordance with the
applicable rules of the Clerks' Agreement.
(b) The position of Manager of Statistical Bureau shall now
assigned in accordance with the rules of the Clerks' Agreement, and
be advertised at the rate established for the present occupant and
(c) All employes adversely affected account having been denied the opportunity to fill this position since it was established on
March 15, 1955, be compensated on a continuing basis for all wage
loss sustained until such time as the violation is corrected.
NOTE: Wage loss sustained to be determined from a check of
Carrier's timerolls and payrolls after position has been advertised
and assigned. The employe assigned thereto, and the one who bids
in his vacancy, etc., are entitled to be compensated for wage loss
sustained.
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;
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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.