NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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 the rules of the Clerks' Agreement when it used Mr. H. Delahoussaye to perform work of revising waybills at San Jose, during the period December 26, 1958 through January 13, 1959; and

(b) Employes who were denied the opportunity to perform the work involved in revising of waybills at San Jose be additionally compensated for 8 hours at the overtime rate for each day as follows:

Claimant Days Involved

B. N. Gage December 26, 1958, January 2 and 8, 1959

W. A. Soule December 27, 1958, January 10, 1959

M. G. Willoughby December 29, 1958, January 5 and 12, 1959

J. F. Maloney December 30 and 31, 1958, January 7 and 13, 1959

H. H. Singh January 3, 1959

P. B. Hazlett January 9, 1959

FINDINGS: The Third Division of the Adjustment Board, upon the

That the Carrier and 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;

That the dispute was certified to the Third Division of the Adjustment Board ex parts 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

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