Award No. 10332 Docket No. CL-10556

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

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

(1) Carrier violated rules of the current Clerk's Agreement as of March 23 and 24, 1957 and each subsequent Saturday and Sunday that the Yardmaster has been used to call crews on the regular assigned rest day of the Yardmaster Clerk position assigned to J. W. Scott.

(2) Carrier be required to compensate Clerk Scott at the punitive rate of pay of his position, which carried a daily rate of $16.16 on claim date. for each Saturday and each Sunday until the violation was corrected by Carrier on June 4, 1957.

NOTE: Reparation due employe to be determined by joint check of Carrier's payrolls and such other records that may be deemed necessary.

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 December 1, 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.

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