Award No. 9796 Docket No. CL-10907

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) Carrier violated the provisions of the current Clerks' Agreement when, at Sister, Texas, on October 20, 1956, it removed from the scope and operation of the Agreement certain routine clerical work previously performed by Class 1 clerical employes and assigned and/or permitted it to be performed by an employe or employes not covered by the scope of the Agreement; and,

(b) Clerk J. E. Eckert, Jr., shall now be paid a minimum of two hours at the time and one-half rate of his regular position, in addition to any compensation already paid to him for service on that date.

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 December 21, 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

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