PARTIES TO DISPUTE:

 BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

 FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

THE CHESAPEAKE AND OHIO RAILROAD COMPANY

PERE MARQUETTE DISTRICT


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Agreement governing hours of service and working conditions between the parties, effective August 1, 1947, and Supplemental Agreement of September 1, 1949, were violated by the Carrier at Ludington, Michigan on October 16, 1949, and subsequent dates when it assigned work necessary to be performed on unassigned days to regular employes who were not entitled to the work under existing Agreements, and


That Yard Clerk Rudy Rogalke, who is assigned to perform the work five days per week, shall be compensated for all wage loss because of this violation at the rate of time and one-half his regular rate of pay, $11.67 per day, for the hours shown on the following dates:















FfNDINGS: 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 Employes 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;



5814-2 16.1

 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 and concluded. Under dates of June 9 and 16, 1952, the parties advised the Acting Secretary of the Third Division of their desire to withdraw this case from further consideration by the Division, which request is hereby granted.






ATTEST: (Sgd.3 A. Ivan Tummon
 Acting Secretary
Dated at Chicago, Illinois, this 24th day of June, 1962.