BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: (43) Claim in behalf of Ticket Clerk D. A. Walts, Waterloo, Iowa, for three (3) hours' pay at the pro rata rate, July 29, 1954, when it is alleged that duties normally performed by claimant were assigned to other employes in alleged violation of Rule 38(b) of the Clerks' Agreement-Carrier's file K-191, Organization's Case G-762.
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