PARTIES TO DISPUTE:



BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES


STATEMENT OF CLAIM: (39) Claim in behalf of Mr. Claire J. Harrington for a day's pay at the rate of $14.10 per day, August 8, 1955 and subsequent dates account not permitted to exercise displacement rights on position of Tabulating Machine Operator in the Machine Accounting Bureau, Oelwein, Iowa--Carrier's file K-187, Organization's case G-749.


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.