Award No. 10337 Docket No. CL-10757

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 Carrier violated Rules of the current Agreement effective April 22, 1955:

1. (a) By use of employes (Yardmasters) who are outside the scope of the parties' Agreement in the performance of clerical work on the third shift, 12 midnight to 5:00 A. M., at Yard Center, Illinois.

(b) In handling claim of W. F. Phelps, Clerk, Yard Center, Illinois, dated and filed with Carrier's Assistant Agent J. W. Ashmore on May 22, 1957.

2. That the penalty claim of W. F. Phelps for a day's pay daily retroactive to March 24, 1957, for the rule violation be allowed as presented.

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 parte 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

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