NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May
1, 1942, except as amended, particularly the Scope Rule and Rule
3-C-2, when it improperly abolished a regular position of Warehouseman, incumbent Columbus J, Piazza, located at the Freight Station,
Union City, Pennsylvania, former Northern Division, effective
December 1, 1953.
(b) The abolished position should be re-established in order to
terminate this claim, and Columbus J. Piazza should be restored to
his former status and allowed eight hours' pay a day, as a penalty,
for December 1, 1953, and all subsequent dates until the violation is
corrected.
(c) All other affected employes should be restored to their
former status and be reimbursed for all monetary loss sustained.
(Docket C-818.)
FINDINGS:
The Third Division of the Adjustment Board, 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;
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
October 4, 1960, the parties jointly addressed a formal communication to the
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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 15th day of December, 1960.