NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE WESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(a) The Carrier violated and continues to violate the rules
of the Clerks' Agreement by its unilateral and arbitrary action in
failing and refusing to advertise and assign the position of Secretary
to Assistant Vice President-Marketing at Chicago, Illinois, in
accordance with the provisions of the Clerks' Agreement; and
(b) The employes and/or their successors adversely affected
as a result of the Carrier's action now be compensated as follows:
Mr. S. A. Durban, Jr., be additionally compensated in the
amount of $4.10 per day; and
Miss S. Michalek be additionally compensated in the amount
of $1.95 per day; and
The senior furloughed employe in the Traffic or Marketing
Department be compensated at the rate of $16.46 per day.
These claims are for each day beginning January 1, 1959
and to continue until the violation is discontinued; and
(c) The position of Secretary to Assistant Vice PresidentMarketing at Chicago, Illinois be advertised and assigned in accordance with the rules of the Clerks' Agreement.
NOTE: The dates on which the claimants and/or their successors are entitled to be compensated to be determined from a
joint check of the Carrier's records.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the Carrier and Employe involved in this dispute
are respectively
Carrier and Employe within the meaning of the Railway Labor Act, w
approved June 21, 1934;
I 2a.,)
9978-2
206
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That hearing thereon was waived by the parties and under date of
June 5, 1961, the parties jointly addressed a formal communication to the
Secretary of the Third Division requesting withdrawal of this case from
further consideration by the Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 29th day of June, 1961.