NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Martin I. Rose, Referee

CHICAGO GREAT WESTERN RAILWAY COMPANY

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

STATEMENT OF CLAIM: (37) Claim in behalf of:

(1) Clerk L. J. Lonberg for eight (8) hours' pay at the rate of time and one-half for May 17, 1955 account not being called in accordance with rules of Clerks' Agreement; and

(2) Chief Yard Clerk W. H. Loban for compensation for eight (8) hours at the rate of time and one-half for having been required to suspend work on his regular position to perform the duties of Yard Checker, Oelwein, Iowa, on March 17, 1955-Carrier's file K-182, Organization's Case G-742.

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

That the claim is barred by Rule 40 (c) of the Agreement.

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