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. The Carrier violated the Clerks' Rules Agreement when
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abolished the regularly established clerical position at Middleton,
Wisconsin while the duties of the position remained to be performed
and assigned those duties to the Agent, an employe not covered
thereby.
2. The Carrier shall now be required to return the work which
comprised clerical Position No. 21 at Middleton, Wisconsin now being performed by the Agent to employes covered by the Clerks' Rules
Agreement in Seniority District No. 38
3. The Carrier shall now be required to compensate Employe
W. D. Meuer and all other employes affected as the result of the
abolishment and removal of the clerical work which comprised
clerical Position No. 21 at Middleton, Wisconsin from the scope and
application of the Clerks' Rules Agreement for eight (8) hours at
the pro rata rate of clerical Position No. 21 for May 1, 1968 and
each subsequent work day Monday through Friday that the violation
continues.
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;
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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
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.