Award No. 10488 Docket No. CL-10975

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE DENVER AND RIO GRANDE WESTERN

RAILROAD COMPANY

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

(1) Carrier violated rules of the current Agreement with the Brotherhood of Railway Clerks when it created a new position of Completion Report Clerk No. 2 at the rate of $19.41 per day plus cost-of-living increases, instead of the established rate of $19.95 per day plus cost-of-living increases.

(2) Carrier shall now re-bulletin this position at the correct rate of $19.95 per day plus cost-of-living increases.

(3) Mr. R. A. Rudd shall now be paid an additional fifty-four cents (540) per day for each and every day he occupied this position.

NOTE: March 3, 1958 to June 11, 1958.

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 March 20, 1962, 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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