Award No. 8113 Docket No. CL-9623

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 effective on or about March 27, 1956 and continuing up to date, the Carrier removed work previously attached to Group 2 positions at Fort Smith, Arkansas and assigned the work to Group 1 employes.

(2) The senior available extra Group 2 employe be reimbursed for a day's pay at the Station Porter rate for five days each week and the next senior available Group 2 employe be reimbursed for a day's pay at the Station Porter rate for two days each week until corrected. Reparation due employes is to be determined by joint check of Carrier's payrolls and such other records that may be deemed necessary to established proper claimant(s) and amounts due.

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 the complainant party; and

That hearing thereon has been held but not concluded. Under date of October 25, 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

Case dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: A. Ivan Tummon

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