STATEMENT OF CLAIM: 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 Scope and Rule 2-A-1 (a), when it failed to properly advertise the position held by L. W. Healy, Hollidaysburg Reclamation Plant, Hollidaysburg, Pennsylvania, Altoona Works Seniority District.
(b) The Claimant, L. W. Healy, be allowed the difference between the rate of pay of Stores Laborer, and that of assigned Laborer, beginning February 15, 1954, and continuing on all subsequent dates until the violation is corrected. (Docket A-94)
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 Tune 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.