PARTIES TO DISPUTE:



BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES


STATEMENT OF CLAIM: (34) Claim in behalf of J. F. Balensifer and J. H. Kennard for four (4) hours each at the rate of time and one-half for their respective positions, for each day retroactive sixty (60) days to the date of the initial claim (September 17, 1955) when, it is alleged, that Carrier removed work from scope of Clerks' Agreement at Kansas City, Missouri Freight House and permitted one, Jeffrey Alston, an employe of Crooks Terminal Warehouse Company to perform such work-Carrier's file K-186, Organization's Case 6737.


OPINION OF BOARD: This case is the same as in Award 9867 except that the nine months time limit provided in Rule 40 (c) is applicable. 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;


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and












Dated at Chicago, Illinois this 23rd day of March, 1961.