Award No. 7116 Docket No. CL-7231

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE BALTIMORE AND OHIO RAILROAD COMPANY

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

(1) That the Carrier violated the rules of the Clerks' Agreement when it failed to call Clerk Anna M. Foley. incumbent of position of Report Clerk in the office of the Car Distributor at Grafton, W. Va., for one day on each Saturday not a holiday from April 4 to July 25, 1953, and thereafter, and,

(2) That Anna M. Foley be paid for one pro rata day on April 4, 11, 18, 25 May 2, 9, 16, 23, June 6, 13, 20, 27, July 11, 18 and 25, 1953, and continuing so long as the practice shall continue that is responsible for the claims.

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

Case dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

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