BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes on the Missouri Pacific Railroad that the Carrier violated the Clerks' Agreement:
1. When on September 21, 1954, it failed and refused and continued to refuse to permit Clerk D. E. Dwyer to exercise his seniority rights to position of Machine Operator-Clerk, Job No. 157 rate $14.84 per day in the Special Auditor's Office (Machine Bureau), following abolishment of his position of Card Clerk, rate $13.58 per day, effective at the close of business, September 20, 1954, in violation of Rule 14 and related rules of the Clerks' Agreement;
2. The Carrier be directed by appropriate order of the Third Division of the National Railroad Adjustment Board to reimburse Clerk Dwyer the wage loss it forced him to suffer during his regularly assigned work week, Monday through Friday, as follows:
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 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;
That the dispute was certified to the Third Division of the Adjustment Board ex parts by complainant party; and
That hearing thereon has been held and concluded. Under date of November 2, 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.