NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ATLANTA JOINT TERMINALS
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(a) The Carrier violated the Agreement when on September
2, 1956 it paid Claimant S. R. Wright, Extra Clerk, at pro rata rate,
rather than time and one-half, for work in excess of forty hours, or
five days, in his work week.
(b) The Carrier violated the Agreement when, on September
2, 1956 it worked an extra clerk, Mr. S. R. Wright, in excess of forty
hours, or five days, in his work week thereby failing to afford the
senior available regular employe, claimant R. H. Todd opportunity
to work at rate of time and one-half.
(c) The Carrier shall now be required to compensate Claimant S. R. Wright for the difference between pro rata and time and
one-half for the position of Caller and Oil House Attendant, $14.58
per day.
(d) Claimant R. H. Todd shall now be paid for one day at
rate of time and one-half account Carrier's failure to afford him an
opportunity to work position of Caller and Oil House Attendant,
$14.58 per day, on September 2, 1956.
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 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;
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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 July
21, 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
Executive Secretary
Dated at Chicago, Illinois, this 4th day of August, 1900.