Award No. 7705 Docket No. CL-8991

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE WESTERN PACIFIC RAILROAD COMPANY

STATEMENT OF CLAIM: This is a claim of the System Committee of the Brotherhood that:

(a) The Carrier violated the rules of the clerks' Agreement when it abolished the position of Roadway Clerk and assigned a portion of the work thereof to the occupant of the position of Voucher Clerk in the Superintendent's Office at Sacramento.

(b) Mrs. Marian Selders, occupant of the position of Voucher Clerk, is entitled to and shall now be compensated for the difference between the rate of her assignment of $15.29 per day and that of the position of Roadway Clerk, of $15.89 per day, beginning March 23, 1955, and continuing through May 6, 1955.

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 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 parts by the complainant party; and

That hearing thereon was waived by the parties and under date of January 29, 1957, the complainant party 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.

AWARD