BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the carrier violated the Clerks' Agreement:
(1) When on June 12, 1945, it hired and arbitrarily assigned a new employe to a vacancy on position of Ticket Clerk at Binghamton, New York, without bulletining such vacancy, and
(2) That carrier shall now compensate employe E. H. Empet, the only applicant for this position when bulletined the difference between his rate of pay as Baggage Agent at Binghamton, New York and rate of Ticket Clerk for the period June 12th to November 21st, 1945.
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 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 but not concluded. Under date of February 11, 1948, the complainant party 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