NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

THE BELT RAILWAY COMPANY OF CHICAGO

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) Carrier violated the provisions of the current Clerk's Agreement on June 1, 5, 6, 7, 9, 12, 17, 19, 23, 25, 26, 27, 28, 29, July 1, 2 and 3, 1958, when it required or permitted a Yardmaster and an Assistant Trainmaster, employes not covered by the Clerks' Agreement, to perform routine clerical work at its District Yard, South Chicago, Illinois; and

(b) That available furloughed clerical employes, S. Campbell, H. Simpson, B. Phillips and E. Mayer and those regularly assigned clerical employes who, normally would have been used in their absence, namely, Verl West, M. Steed, et al., be compensated for a day's pay at the applicable pro rata rate for each day said violation occurred.

NOTE: Reparations to be determined by joint check of payrolls and other necessary Carrier records.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

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 parte by the complainant party; and

That hearing thereon was waived by the parties and under date of December 6, 1961, the parties jointly addressed a formal communication to

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