Award No. 7894 Docket No. CL-8905

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE BALTIMORE AND OHIO RAILROAD COMPANY

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

(a) Carrier violated the Agreement between Participating Eastern, Western, and Southeastern Carriers and Employes represented y the Fifteen Cooperating Railway Labor Organizations signatory thereto, signed at Chicago, Illinois, on August 21, 1954, when it failed to comply with the provisions of Article V, Section 1(a) of said agreement, in that claim was not denied within the 60 day period provided therein, and

(b) That Mrs. Evelyn Pitzer now be paid at the pro rata rate for December 30 and 31, 1954, account furloughed employe being used to fill position 68-2-117, such furloughed employe not having properly registered in accordance with the provisions of Article IV, Section 2, of the August 21, 1954 Agreement.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to thus 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 parte by complainant party; and

That hearing thereon has been held and concluded. Under date of March 12, 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