PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

CHICAGO, MILWAUKEE, ST. PAUL AND

PACIFIC RAILROAD COMPANY


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:




EMPLOYES' STATEMENT OF FACTS: Effective on or about July 28, 1929, Employe Neils F. Hansen, seniority date of April 30, 1923 on what is now known as Seniority District No. 118, was assigned to Electric Crane Operator's position, No. 14 at the Roundhouse Storeroom at Aberdeen, South Dakota, and in connection with the crane work which he performed for the Store Department he also performed the crane work required in the Locomotive and Car Departments. Mr. Hansen held that position continuously from the date of his assignment until September 7, 1952.


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keeper on November 5, 1952) did not affect claimant Hansen in any way nor deny him any right or privilege, nor can it be the basis for any monetary claim and we respectfully request that the claim be denied.






OPINION OF BOARD: The record establishes beyond question that Claimant, who occupied the position of Electric Crane Operator at Aberdeen, South Dakota until it was abolished on September 7, 1952, and that position was in the Store Department seniority district. Manager of Stores, J. V. Miller, wrote the General Chairman under date January 12, 1946, as follows:




On February 21, 1955, Assistant to Vice President, Downing, wrote to the General Chairman, among other things, as follows:



As a result, the notices of the abolishment of the position were subject to the requirements of Rule 12(c) of the Agreement and the applicable provisions of the Memorandum of Agreement designated "S-2". The record shows that such notices were not issued, placed on bulletin boards and furnished, in accordance with these requirements.


The record also shows that Claimant relinquished his seniority rights and employment relationship and retired under the provisions of the Railroad Retirement Act. Compensation claimed in paragraph 3 of the claim should terminate as of the date of such retirement.


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 the Carrier and the 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; and



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    Claim sustained in accordance with the Opinion.


            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


            ATTEST: S. H. Schulty

            Executive Secretary


Dated at Chicago, Illinois, this 2nd day of May 1960.