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, by contracting
the making of concealed damage inspections of freight to employes
of the Railroad Perishable Inspection Agency, which work is the assigned duty of clerical employes at the Davenport Avenue Freight
Station, Cleveland, Ohio, Lake Region.
(b) Stanley Tuleta, Clerk, be paid a three hour call, as a
penalty, for each violation beginning April 19, 1957, and until the
violation is discontinued. (Docket 222.)
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 parte 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
Secretary of the Third Division requesting withdrawal of this case from
further consideration by the Division, which request is hereby granted.
17771
9698-2
778
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.