NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Martin 1. Rose, Referee
PARTIES TO DISPUTE:
CHICAGO GREAT WESTERN RAILWAY COMPANY
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: (10) Claim in behalf of St. Joseph employes:
(1) D. C. O'Toole for eight (8) hours at the rate of time and
one-half of the Chief Clerk-Cashier's position, beginning September
3, 1949 up until the violation is corrected;
(2) W, A. Leucht, Jr., for eight (8) hours at the rate of time
and one-half of Yard and Claim Clerk's position, beginning September
5, 1949, up until the violation is corrected;
(3) A. J. Bux for eight (8) hours at the rate of time and
one-half of the Freighthouse Foreman's position, for being required
to suspend work on his regular position, September 5, 1949; and
(4) Two (2) senior employes currently employed at this station for eight (8) hours each day at the rate of time and one-half
account clerical work performed by employes beyond the scope of
Clerk's Agreement, from September 1, 1949 up until the violation is
corrected.
Carrier's file K-107, Organization's case G-478.
OPINION OF BOARD: This case is the same as in Award 9867. For
the reasons stated in that award, this claim should also be dismissed.
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 the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
[3447
9876-2
345
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim is barred by Rule 40 (d) of the Agreement.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary.
Dated at Chicago, Illinois, this 23rd day of March, 1961.