NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
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:
1. That Carrier violated provisions of the parties' agreements
when on May 26, 1958 it unilaterally transferred four or more hours
per day of miscellaneous typing work attached to position of TypistClerk in seniority District No. 3, Car Accounting Department, to employes in the Machine Room, Seniority District No. 9, Chicago,.
Illinois.
2. (a) That the work be returned to employes in Seniority
District No. 3; and
(b) Those adversely affected be paid wage loss sustained retroactive to May 26, 1958, to wit:
E. Benham, E. C. Bender, M. McGillicuddy and/or the
successful applicant for the position here involved for the
existing differential in the rate of pay of the positions now
required to work and the clerical machine operator rate;
and
(e) The Clerical Machine Room employes in Seniority District No. 3, namely, L. Cass, M. E. Loftus and
M. G. Thomas be paid at the overtime rate of their position
for four hours per day each.
3. That management, General Superintendent Harvey's letter
dated December 12, 1958, denying the employes' claim as set forth in
Section 1 and 2 hereof was untimely and did not meet Carrier's
obligation as set forth in Section (a) of Article V of the August 21,
1954 National Agreement to which both Carrier and the Brotherhood
are parties and as a consequence thereof, the Claim as presented
must be allowed.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
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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
December 6, 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 19th day of December 1961.