NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
PHILADELPHIA, BETHLEHEM AND NEW ENGLAND
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that the Carrier violated the rules, understandings and practices
of the current and existing Agreement:
1. When on March 21, 1958, Carrier posted bulletin allegedly
and nominally abolishing an agreed upon relief position titled "Car
Record Clerk-Crew Schedule Clerk;" effective 7:00 A. M., March
31, 1958 and concurrently therewith and at the same time re-bulletined the same position, for the purpose of having the incumbent
thereof fill a temporary short vacancy created by the absence of regularly assigned incumbent of a Crew Scheduler's position being
absent due to having been granted a week of his vacation.
2. That the incumbent of the nominally abolished position, Mr.
Harry Prey, be compensated an additional day's pay for each and
every day during the week of March 30th and beginning Monday, March 31st to Friday, April 5th, that his position improperly
discontinued, as outlined in Item No. 1.
Explanation: (Under Rule 7 of the Agreement between the Brotherhood and the Philadelphia, Bethlehem
and New England Railroad, Good Friday is one of the seven
paid holidays and in this instance fell on Friday, April 4,
1958.)
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the Carrier and Employe involved in this dispute are respectively
carrier and employe 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 April
11, 1.960, 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
Secretary
Dated at Chicago, Illinois, this 29th day of April, 1960.