NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
WABASH RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) Carrier violated the Schedule for Clerks when on Sunday,
March 8, 1959, it utilized regular assigned freight handler and unassigned clerk F. V, Polette, St. Louis, Missouri, to work eight (8)
hours as yard clerk after he had worked his regular assigned work
day as freight handler on Sunday, March 8, 1959, and failed and
refused to compensate him at the punitive rate for the eight (8)
hours he was utilized as yard clerk on March 8, 1959, and failed
and refused to call regularly assigned Chdrf Yard Clerk, Ray Hartz,
senior clerk off on his rest day.
(2) Mr. F. V. Polette shall be compensated for the difference
between straight time rate he was paid and punitive rate for eight
(8) hours he was worked on Position No. 5, yard clerk, on March 8,
1959, account carrier's action in violation of a proper application of
the agreement.
(3) Mr. Ray Hartz, Chief Yard Clerk, off on his rest day be
paid the punitive rate of Position No, 5, yard clerk, for eight (8)
hours on March 8, 1959, due to being run-around on seniority by
using junior unassigned extra clerk F. V. Polette.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the Carrier and the 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;
That the dispute was certified to the Third Division of the Adjustment
Board ex parts by the complainant party; and
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That hearing thereon was waived by the parties and under date of July
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
Executive Secretary
Dated at Chicago, Illinois, this 16th day of September, 1960.