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 Agreement, effective March 1, 1944, particularly Rule 1 (Scope) when it abolished position of Clerk rate of pay $22812, located at the Freight Station, Avella, Pa., effective June 13, 1949.
(b) The position should be restored in order to terminate this claim and that Helen M. Brezinski, Clerk, should be restored to her former status and be paid a day's pay at the appropriate rate as a penalty in accordance with Rules 4, 7, 9, 10 and 12.
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 employes 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 the complainant party; and
That hearing thereon has been held but not concluded. Under date of October 23, 1950, the complainant party addressed a formal communication to the Acting Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.