NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

(a) Carrier violated Rules 1(a) (g), 3(a), 4 and 18(d) (e) of the Clerks' Agreement when they permitted and required nonscope employes and employes from without the affected seniority district, to divert and/or detour traffic in the Allentown-Bethlehem area between August 19th and 28th, 1955 incl, and

(b) Clerks E. Kemmerer, J. Rubinstine, R. Moore, T. McGovern, R. McGorry, A. E. Fritchey, E. Devereaux, L. N. McGinley, M. E. Burda, J. McCauley, W. H. Bowen, L. Hartranft, W. T. Czapp, C. E. LeVan, L. McGorry, E. Purcell, J. Kohut, F. T. Dougherty, J. Presto and M. P. Ardle, be properly compensated because of the said violation.

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 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 the complainant party; and

That hearing thereon has been held and concluded. Under date of January 10 1957 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