Award No. 7693 Docket No. CL-7819

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE PENNSYLVANIA RAILROAD COMPANY

STATEMENT OF CLAIIII: Claim of the System Committee of the Brotherhood that:

(a) The carrier violated the Rules Agreement, effective May 1, 1942, except as amended, particularly the seniority rules, by removing Samuel Ellison, Loader-Trucker at Walnut Street Freight Station, Philadelphia, Pennsylvania, Philadelphia Terminal Division, from his position on February 1, 2, and 5, 1951, and assigning the duties of loading and trucking freight to employes junior to Mr. Ellison.

(b) The Claimant, Samuel Ellison, should be compensated for all monetary loss suffered February 1, 2, and 5, 1951. (Docket E-801)

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 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 January 29, 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

Case dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: A. Ivan Tummon

Executive Secretary

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