NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC

RAILROAD COMPANY

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

1. Carrier violated and continues to violate the provisions of the Clerks' Rules Agreement when effective December 31, 1954 it abolished clerical Position No. 868 at Chamberlain, South Dakota and assigned the remaining duties of the position to an employe not covered by the Clerks' Rules Agreement.

2. Carrier shall restore the work to the scope and application of the Clerks' Agreement and to the employes covered thereby.

3. Carrier shall compensate employe Roger L. Yates, occupant of the position at the time of abolishment, and all other employes affected, for all losses suffered as a result of the violation retroactive to December 31, 1954 until such time as the violation is corrected.

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 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 has been held and concluded. Under date of April 28, 1960, the parties jointly advised the Secretary of the Third Division of

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