NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) Carrier violated rules of the Clerks' Agreement when they
denied Stevedore Elmer Jackson, Evansville, Indiana Freight House,
the rights accrued to him under the protective agreement by denying
him the right to return to the service of the carrier after claimant
had presented Mr. F. A. Fuchs, Agent, employes' immediate superior, with a certificate frcm his attending physician that he was
recovered from illness to the extent of returning to work; and
(2) Carrier violated rules of our Agreement when they refused
to compensate Stevedore Jackson for time required in making two
trips to Chicago from Evansville even though both were made under
the carrier's instructions;
(3) Claimant Jackson be allowed full compensation for the 14
days lost due to carrier's action set forth in Item 1 above; and
(4) Claimant be allowed eight hours pay under Rule 45 of the
current Agreement and punitive rate for 10 hours and 15 minutes for
each of the two days he was required to devote that amount of time
complying with carrier's instructions in making the two round trips
Evansville to Chicago.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the Carrier and the 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; and
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That hearing was held on March 11, 1958, and under date of June 27, 1962,
the parties 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 18th day of July 1962.