PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

THE NEW YORK, CHICAGO & ST. LOUIS RAILROAD

COMPANY


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:


(al The Carrier violated the Clerks' Agreement when it required Mr. F. L. Swap, to leave his regular assigned position of Clerk-Warehouseman at Conneaut, Ohio, and work position of Rate Clerk at Conneaut, also,


(b) Claim that Mr. Swap be paid at the rate of $9.19 per day, for each day he was withheld from his regular assigned position of Clerk-Warehouseman at Conneaut, Ohio, this in addition to the amount he has actually been paid for working the Rate Clerk position at Conneaut.


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 Employs 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 parts by the complainant party; and


That hearing thereon has been held but not concluded. Under date of November 22, 1948, the complainant party addressed a formal communica. tion to the Acting Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.







ATTEST: A. I. Tummon
Acting Secretary

Dated at Chicago, Illinois, this 3rd day of December, 1948.