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 when it transferred the work of distributing
W-2 tax forms from employes in various offices and seniority districts to employes in the Accounting Department, by whom it has
continued to be performed.
(b) The employes listed below are entitled to and sball now
be compensated at the overtime rate for the number of hours shown,
because of being denied the right to distribute W-2 tax forms for
the year 19'56.
Name Position Hours
K. G. Williams Head Timekeeper 12
V. O. Davison 1st Asst. T&E Timekeeper 12
D. Richmond Asst. T&E Timekeeper 12
Mildred R. Cox Asst. Timekeeper 12
Geo. Darling Asst. Timekeeper 12
Mildred E. Wingate Asst. Accountant 12
Evelyn P. Bergin Steno Clerk 12
William Miller Train Desk Clerk 8
R. L. Kimball Chief Timekeeper 16
(c) Other employes who were deprived of the work of issuing W-2 tax forms for the number of hours ordinarily involved in
issuing W-2 tax forms.
NOTE: The names and amount of time involved to be
determined by a joint check of the timerolls and other records,
as well as by estimates furnished by the employes where carrier
records are not conclusive or where there are no records.
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(d) The employes named in claim (b) and/or their successors
or reliefs shall likewise be compensated for the time indicated, for
each succeeding yearly violation until it is discontinued.
(e) Other employes as referred to in claim (c) and/or their
successors or reliefs, shall likewise be compentated as detrained by
the joint check, for each succeeding yearly violation until it is
discontinued.
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 annd 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.