Award No. 7988 Docket No. CL-8439

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

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

(1) The Carrier violated the terms of the currently effective agreement between the parties when on Labor Day. September 6, 1954, it used an employe who holds no seniority or other rights under the Clerks' Agreement to perform work which is attached to and regularly performed by the Cashier at Hayti, Missouri on the work days of his regular assignment.

(2) That Mr. Preston Howell now be reimbursed for eight hours at the rate of time and one-half in addition to what he was paid account this violation.

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 the complainant party; and

That hearing thereon has been held and concluded. Under date of June 24, 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