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 and continues to violate the Clerks' Rules
Agreement when on April 1, 1957 it abolished Position No. 51, Clerk
at Appleton, Minnesota, and assigned the remaining duties thereof to
the Agent, an employe outside the scope and application of that
Agreement.
2. Carrier shall return the work of Position No. 51 as it existed immediately prior to the abolishment of that position to the
Clerks' Rules Agreement and the employes covered thereby.
3. Carrier shall compensate Employe F. H. Leif, the occupant
of Position No. 51 at the time of the abolishment, for eight (8) hours
at the rate of pay of Position No. 51 for April 1, 1957 and each subsequent day the violation continues.
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;
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 28, 1960, the parties jointly addressed a formal communication to the
[3041
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$05
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 11th day of May, 1360.