Award No. 7935 Docket No. CL-9004

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

ILLINOIS CENTRAL RAILROAD COMPANY

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

(a) Carrier violated rules of the Clerks' Agreement at the Freight Station, Memphis, Tennessee, when on July 11, 1955, it refused to grant Chief Outbound Clerk C. H. Stroh displacement rights to position No. 3 77 occupied by Piecework Claim Clerk Mary Evason.

(b) C. H. Stroh be compensated an additional day's pay at the rate attaching position No. 371 retroactive to July 11, 1955, and forward to date he is permitted to displace on position No. 371.

NOTE: Reparation to be determined by joint check of Carrier's payroll and other records.

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 parte by complainant party; and

That hearing thereon has been held and concluded. Under date of May 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