PARTIES TO DISPUTE:



BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES


STATEMENT OF CLAIM: (35) Claim in behalf of Messrs. R. A. Clark and J. Roth, furloughed employes in District No. 15, for a day's pay each for March 1, 1955 and all subsequent days account not assigned to position of Interline Clerk advertised by Circular No. 325 in District No. 13 in lieu of Mr. Don G. Murray, an employe not covered by the rules of the Clerks' Agreement--Carrier's file K-170, Organization's Case G-715.


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






    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.

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