NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE LOUISVILLE AND NASHVILLE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Clerks' Agreement was violated by the Carrier on
October 29, 1955, at Nashville, Tenn., when it arbitrarily established
seven (7) day operation of the local freight office and warehouse by
changing the assigned off days from Saturday and Sunday to days
other than Saturday and Sunday of the following employes:
F. D. Watrous, Jr. Clifton Hancock C. W. Walker
P. B. Timmons W. T. Shelton Ed. Gordon
A. R. Ray Hartsell Sims J. C. Miller
T. F. Woods L. R. Smith L, A. Wilson
T. M. McGlothlin Thos. J. Dawson H. Claybrooks
B. A. Boone T. L. Drew R. E. Kirkpatrick
M. B. Paul W. J. Fisher W, T. Goodall
D. E. Brown Monroe T. Doyle Frank Bailey
R. L, Payne Norman D. Hoggatt B. E. Johnson
H. F, Grammer D. T, Collier John Smith
R. T. McLaughlin B. Floyd S. M. Tisdale
E. E. Malloy, Jr. J. W. Dickerson S. Powell
W. N. Chastain J. E. Abston E. B. Norris
At. L, Porter E. Strong J. B. Wilson
L. B. Sawyers I, L. Hockett William Ware
O. H. Hill Z. Kage Luther Perry
C. M. Proctor C. Sloss Burnis Woods
J. C. Inman Fate Rice W. L. Marsh
Joe Nichols G. C. Hart J, W. Stewart
S. P. Gray J. C. Coffey H. N. Abernathy
W. H. Stockdale R. F. Estleman Paul T. Terrell
(2) That the employes listed in item (1) of claim and/or their
successors, if any, be compensated the difference between the straight
time allowed and the time and one half rate for all work on Saturday
and Sunday, October 29, and 30, 1955, and all subsequent Saturdays
and Sundays until adjusted.
18591
9745-2
860
(3) That each employe assigned on or after October 29, 1955,
to a position with off days other than Saturday and Sunday be compensated' at pro-rata rate for each off day occurring Monday through
Friday so long as the violation exists.
(4) If the change in off days caused any employe to suffer a
wage loss for a holiday, that he be compensated for such time beginning with Thanksgiving, November 24, 1955, and until the agreement is applied properly.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon and 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 has been held and concluded. Under date of
December 6, 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.
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.