STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that Carrier violated Rule 28 (b) of the current Clerks' Agreement when on September 27, 1945 Yard Clerk Raymond J. B. Garvey was not called to perform overtime service, and that
Yard Clerk Garvey shall now be allowed five (5) hours pay at punitive rate for such violation.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:
That the carrier and the 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 complainant party; and
That hearing thereon has been held and concluded. Under dates of December 18, 1946, and January 2, 1947, the respective parties advised the Secretary of the Third Division of their desire to withdraw it from further consideration by the Division, which request is hereby granted.