Award No. 9299
Docket No. CL-10751
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 by removing work involved in the
making of inspections and reports of damaged freight from employes
within the Agreement and permitting and/or requiring it to be performed by persons not covered thereby, and that
(b) Mr. L. F. McAdams and/or his successors to this type of
work be compensated for a day's pay on each day when other than a
clerical employe in Seniority District 18 has made inspections in the
territory between San Carlos and Sunyvale, and from Coyote to
Monterey via Salinas, and from Los Gatos to Monterey via Santa
Crus, all in California.
NOTE: The dates such inspections have been made to be determined by a joint check of Carrier's records.
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 parts 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.
(2287
9299-2
229
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Ilinois this 24th day of March, 1960.