Award No. 9666 Docket No. CL-10793

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

PANHANDLE AND SANTA FE RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) Carrier violated the provisions of the current Clerks Agreement at Lubbock, Texas, when on April 29, 1957, it assigned the work of making carload inspections which had been performed by the occupant of Claim Clerk Position No. 2010 to OS&D Clerk Position No. 2025, without payment of the proper rate; and,

(b) D. T. Norris and other employes who may subsequently occupy Position No. 2025, OS&D Clerk, Lubbock, Texas, shall now be paid the difference between his rate, which was $16.88 per day on April 29, 1957, and the rate of Position No. 2010, Claim Clerk, which was $17.35 per day through its last assignment April 27, 1957, from May 10, 1957, until violation of the Agreement rules is corrected.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes 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 parte by the complainant party; and

That hearing thereon was waived by the parties and under date of November 15, 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.

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