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 Rule 3-C-2, when it abolished position of Watchman, incumbent D. K. White, rate of pay
$15.39 a day, located at Wilmington Shops, Delaware, Chesapeake
Region, effective October 15, 1957.
(b) The position should be restored in order to terminate this
claim and that D. K. White and all other 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 under Rule 4-A-1 and Rule 4-C-1; 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
position; 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 position; 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 373.)
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;
(8317
9729-2
832
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.