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 rules of the
Clerks' Agreement at Dubuque, Iowa beginning on or about April
1, 1958 when it required or permitted Employe Donald J. Miller to
perform the duties of two different positions in two different seniority
districts and in two different departments and, although this required
his working in excess of 8 hours per day and 40 hours per week,
compensated him at the straight time rate of pay for all work performed.
2. Carrier shall compensate Employe D. J. Miller an additional
four (4) hours for each day so used retroactive sixty (60) days prior
to June 19, 1958.
2. Carrier shall remove the stenographic requirement from Position No. 40, Seniority District No. 32, and shall bulletin such position as Typist-Clerk or Dictaphone Operator and shall compensate
Employe C. W. Scott, furloughed clerk in Seniority District No. 32,
for (8) hours each day that Employe Miller, while permanently assigned to Position No. 147 in District No. 98, was used and permitted
to perform work in District No. 32, retroactive sixty (60) days prior
to June 19, 1958.
FINDINGS: The Third Division of the Adjustment Board, 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 dis-
pute 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 was waived by the parties and under date of April
29, 1960, the parties jointly addressed a formal communication to the 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 18th day of May, 1960.