NATIONAL RAILROAD ADJUSTMENT BOARD
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:
1. Carrier violated the Clerks' Agreement when on December
23 1955 it abolished a regular position of Clerk rate $13.336 per
day, at Jackson, Minnesota, that theretofore had been established
as a position and filled pursuant to the rules of the Clerks' Agreement, and by unilateral action transferred the work normally attached to the position of Clerk to be performed by other employes
not embraced within the scope rule of our Agreement thus violating
the provisions thereof.
2. The work attached to the clerical position at Jackson, Minnesota shall be returned, assigned to and performed by the employes
covered by the Clerks' Agreement entitled thereto.
3. Carrier shall be required to reimburse Employe Louis C.
Meyer, occupant of the position at the time it was abolished, and all
other employes affected for any and all losses sustained retroactive
to December 23, 1955.
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
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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 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, 1960.