Award No. 5709 Docket No. MW-6004

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

(1) That the Carrier violated the provisions of the effective agreement when it failed to call Sectionman Eddie Williams to perform eight hours overtime service on January 12, 1949, and in lieu thereof, required a junior employe to perform the aforementioned services, for which he was compensated at his time and one-half rate of pay;

(2) That Sectionman Eddie Williams be allowed eight (8) hours at his straight time rate of pay because of the violation referred to in part (1) of this claim.

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

That no hearing thereon has been held, and under date of March 28, 1952, 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