NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE WESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: This is a claim of the System Committee of
the Brotherhood that:
(a) The Carrier violated rules of the Clerks' Agreement
when it required Mr. D. B. Rickman, occupying position of Team
Track Checker at Oakland, California, to vacate his position on
December 24, 30, and 31, 1958 and required him to go to the
Oakland Mole to check sugar; and
(b) Mr. D. B. Rickman is entitled to and shall now be additionally compensated for 8 hours, 7%a hours and 7'%s hours overtime
on December 24, 30, and 31, 1958 respectively.
(c) The Carrier further violated the rules of the Clerks'
Agreement when it required Mr. D. B. Rickman, occupying position
of "Checker" at the Oakland Mole, to vacate his assignment on
April 30, 1959 and ordered him to go to the Team Track to operate
the crane; and
(d) Mr. D. B. Rickman is entitled to and shall now be additionally compensated for 71/4 hours at the overtime rate for service
performed in working as crane operator at the Team Track on April
30, 1959.
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, as
approved June 21, 1934;
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
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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.