NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION


PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,



STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-4881):


(1) The Carrier violated the Agreement on December 7th, 1969 by their failure to assign the senior qualified Class 1 employe to unassigned work on his rest day, but instead assigned a regularly assigned Class 2 employe to perform the work on his rest day.


(2) That Carrier be required to pay John McAuliffe eight (8) hours' pay at the punitive rate of $3.7788 per hour for not being called as accorded by his contractual seniority rights under the current and existing Agreement.


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 parts by the complainant party; and


That hearing thereon was waived by the parties and under date of July 7, 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.











Dated at Chicago, Illinois, this 21st day of July 1961.

Champlin-Shealy Co., Chicago, Ill. Printed in U. S. A.