Award No. 9798
Docket
No. CL-11311
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY-Western Lines
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(a) Carrier violates the provisions of the Clerks' Agreement
at Dodge City, Kansas, when it pays the rate of pay applicable in
August, 1957, to Mr. O. L. Burdue for his vacation due in 1958,
which was earned in 1957; and,
(b) O. L. Burdue shall now be paid the difference between
what he was paid for 15 days vacations pay in 1958, at the rate of
$1.9725 per hour the applicable rate of his position in August, 1957,
and what he would have received at the rate of $2.0925 per hour
the applicable rate on his position in April, 1958.
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.
L6121
995
AWARD
C'sse dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of January, 1961.