NATIONAL RAILROAD ADJUSTMENT BOARD
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 Rules 3-C-2 and 4-F-1, when
it abolished the position of Shipper and Receiver held by J. L.
Schlosser at the Car Shop, Olean, New York, Northern Region, effective April 19, 1956.
(b) The position should be restored in order to terminate this
claim and that J. L. Schlosser, F. E. Tilly, L. A. Clemons and all
employes affected by the abolishment of this position should be restored to their former status (including vacations) and be compensated for any monetary loss sustained by working at a lesser rate
of pay; be compensated in accordance with Rule 4-A-2 (a) and (b)
for work performed on Holidays, or for holiday pay lost, or on the
rest days of their former positions; be compensated in accordance
with Rule 4-A-3 if their working days were reduced below the guarantee provided in this rule; be compensated in accordance with Rule
4-A-6 for all work performed in between the tour of duty of their
former positions; be reimbursed for all expenses sustained in accordance with Rule 4-G-1 (b); that the total monetary loss sustained,
including expenses, under this claim, be ascertained jointly by the
parties at time of settlement, (Award 7287.) (Docket 320.)
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the Carrier and 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;
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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.
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.