Award No. 7261 Docket No. TE-7366 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD T ELEGRAPHERS

STATEMENT OF CLAIM: Claim of the General Committee on the New York Central Railroad (West of Buffalo), that:

1. The Carrier violated the provisions of the Agreement between the parties when it required or permitted an employe not covered by the agreement to handle and deliver train order No. 51 and perform the duties of a block operator at Doty, Ohio, on January 31, 1951.

2. Carrier shall compensate the senior idle employe on seniority district No. 10 under the agreement in the amount of one day's pay of eight hours, who was idle on January 31, 1951 and entitled to perform the work. The hourly rate to be based on the minimum hourly wage rate for a block operator position on such Division. The name of the employe entitled to such compensation to be determined by joint check of Carrier's records.

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 hearing thereon has been held and concluded. Under date of February 21, 1956, the parties jointly addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.

AWARD