Award No. 7115 Docket No. CL-7205

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE BALTIMORE AND OHIO RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers. Express and Station Employes:

(1) That the Carrier violated the Clerks' Agreement between August 12 1950 and July 13, 1951 when it failed to call the regular assigned Foreman's Clerk, Daniel Sullivan, employed at Pittsburgh Freight Station, who was available on his regular assigned rest day, to perform work regularly assigned to him during the five days of his regular work week, and

(2) That the Carrier now be required to pay Daniel Sullivan, Pittsburgh Freight Station, for an additional day's pay each Saturday beginning August 12, 1950 and ending with July 13, 1951.

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 carrier and employe 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 hearing thereon has been held and concluded. Under date of September 14, 1955 the parties jointly advised the Secretary of the Third Division of their desire to withdraw this case from further consideration by the Division, which request is hereby granted.

AWARD