Award No. 7704 Docket No. CL-$791

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE PENNSYLVANIA RAILROAD COMPANY

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 Rules 2-A-1 and 2-A-2, when it assigned Clerk C. B. Russell to a clerical position at Union Station, Indianapolis, Indiana, Southwestern Division, efective October 1, 1951, and failed to bulletin and award the position.

(b) The Claimant, H. D. Rusie, regularly assigned clerk at Hawthorne Yard, Indianapolis, should be allowed eight hours pay a day for October 1, 1951, to April 26, 1952, inclusive, as a penalty. (Docket W-906)

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