Award No. 9402
Docket No. CL-8678
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
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 t:.n System Committee of the
Brotherhood that:
1. Carrier violated and continues to violate the Clerks' Rules
Agreement when on December 24, 1954 it abolished Position No.
177 at Britton, South Dakota, and assigned the remaining duties
of the position to an employe not covered by the Clerks' Agreement.
Carrier shall restore the work to the Scope and Application of the Clerks' Rules Agreement and to the employes covered thereby.
3. Carrier shall compensate Employe L. %. Wosepka, 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 24, 1954.
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 Jure 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 has been held and concluded. Under date of April
28, 1960, the parties jointly advised the Secretary of the Third Division of
[2987
9402-2
2(99
their desire to withdraw 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 11th day of May, 1900.