Award No. 7725 Docket No. CL-7462

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY

COMPANY (Eastern Lines)

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

(a) Carrier violates the rules of the Clerks' Agreement at Arkansas City, Kansas, when it assigns a rest day relief position in a manner described elow, resulting in its occupant performing work in excess of eight (8) hours in a period of twenty-four (24); and,

(b) Ruth I. Lasater shall now be paid the difference between time and one-half and the straight time she was allowed for the hours 3:45 P. M. to 11:45 P. M. on each Tuesday beginning March 10, 1953 and until violation is corrected.

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 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 complainant party; and

That hearing thereon has been held and concluded. Under date of January 10, 1957, the parties jointly 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