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 A. Bond, trucker, Gainesville, Georgia, is entitled to and shall now be paid at the rate of forty five (450) per hour for all overtime hours worked in excess of 48 hours per week, retroactive to October 24, 1939:'
PROGRESS OF PROCEEDING: This dispute was submitted ex parte by the petitioner. It was first deadlocked by the Division on the question of jurisdiction (it being contended by the Carrier Members that the proceeding involved the interpretation and enforcement of the Fair Labor Standards Act and that such action was beyond the authority of the Board), and hence the dispute was not set for the hearing requested by the parties. In due course the present Referee was appointed by the National Mediation Board to sit as a member of the Division and make an award in the proceeding. Thereupon the Division, after further study and deliberation, held that the ex parte submissions established a prima facie case for the assumption of jurisdiction, and the proceeding was accordingly set for hearing. The hearing was to be held September 6, 1940. The notice thereof to the parties contained the following: "This hearing is to be held before the Third Division with Referee Isaiah L. Sharfman sitting as a member thereof to consider the questions of jurisdiction and of merit and all questions relating to the dispute."
REQUEST FOR WITHDRAWAL: On August 28, 194'0, prior to the date set for the hearing, the petitioner addressed a formal communication to the Secretary of the Division requesting the withdrawal of the dispute from further consideration by the Division; and accompanying this request was a written statement by the carrier that it would interpose no objection to such withdrawal. The request was granted by the Division and the hearing was cancelled.