NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD TRAINMEN
ATLANTIC COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM:
1. Carrier violated the terms of the Agreement between the
BRT and the ACL when on April 4, 1959, by unilateral action,
positions of Dining Car Stewards on Trains No. 191, 192, 75, 76
were abolished and this work assigned to employes not covered by
this agreement.
2. The assignments and the work thereof shall be restored to
the Agreement.
3. Carrier shall be required to compensate J. C. Pinson and
all other Dining Car Stewards for all monetary compensation that
they would have earned beginning April 4, 7, 11 and 14, 1959; also
all claims of record made by Steward Pinson and all other Dining
Car Stewards on subsequent dates.
4. Carrier shall be required to compensate Dining Car Stewards, J. M. Billett, W. B. Gray, T. L. Munden, B, A. Boyle, W. C.
Muser, H. S. Jennette, and L. Barfield beginning May 1, 1959, for
205 hours per month, and subsequent months as long as they are
deprived of employment because of Carrier's violative actions.
5. Carrier shall be required to compensate each and every
named employe for any and all necessary expenses incurred because
of this violative action.
6. That any and all other employes adversely affected or who
may hereafter be deprived of employment by such wrongful action,
shall be compensated for any and all wages lost and be reimbursed
for any necessary expenses.
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:
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That the Carrier and the 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;
That the dispute was certified to the Third Division of the Adjustment
Board ex parts by complainant party; and
That hearing thereon has been held and concluded, and under date of
July 25, 1960 a formal communication was addressed to the Secretary of the
Third Division requesting withdrawal of the 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 9th day of September, 1960.