PARTIES TO DISPUTE:

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) The carrier violated the rules of the Clerks' Agreement when, on May 12, 1942, it declined to permit Mr. Frank Guzman, senior qualified unassigned available employe, to fill vacancy on Check Clerk position No. 239, at Oakland, Kirkham Street Freight Station.


(b) That Mr. Guzman be compensated for one day's pay, May 12th, 1942, at the rate of Check Clerk position No. 239, i. e., $6.80 per day less any compensation already received that date.


FINDINGS: The Third Division of the Adjustment Board finds:

That the dispute was certified to the Third Division of the Adjustment Board ex parts by complainant party; and


That no hearing thereon has been held, and under date of August 17, 1943, the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.




Case dismissed.