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 it
abolished the regularly established clerical position at Berlin, Wisconsin while the duties of the position remain 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 Position No. 209 at Berlin, Wisconsin, now being performed by the Agent, to employes covered by the Clerks' Rules
Agreement in Seniority District No. 36.
3. The Carrier shall now be required to compensate Employe
James J. Sierakowski for eight (8) hours at the rate of clerical Position No. 209 for each day subsequent to March 21, 1958 that the
Agent performs the work which comprised Position No. 209 prior
thereto.
4. The Carrier shall now be required to compensate all other
employes in Seniority District No. 36 affected by the abolishment
and removal of the clerical work of Position No. 209 at Berlin,
Wisconsin for all loss sustained from March 21, 1958 until 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 the 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 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
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 Ilth day of May, 1960