Award No. 5144 Docket No. CL-5347

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

STATEMENT OF CLAIM: Claim of the System of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes that The Ogden Union Railway and Depot and/or its officers violated the terms of existing agreement:

(a) By failing or refusing to call and use the senior Jumbo Clerk

for the 8:00 A.M. to 4:00 P.M. shift on Sept. 28, 1949; and

(b) The Ogden Union Railway and Depot Company shall now compensate Mr. H. 0. Hansen eight hours' time to be paid for at the punitive rate of pay.

FINDINGS: The Third Division of the Adjustment Board finds:

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

That no hearing thereon has been held, and under date of November 30, 1960, the complainant party addressed a formal communication to the Acting Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.

AWARD