Award No. 8248 Docket No. CL-9581

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 Vicksburg, Mississippi, when on March 19, 1956, it failed and refused to recognize Clerk J. K. Levi's right to fill vacancy on position No. 66.

(b) J. K. Levi be compensated for wage losses sustained representing a day's pay at the punitive rate on March 19, 1956. (Pro rata rate of position No. 66, $16.73 per day.)

(c) R. J. Farris be compensated eight hours' pay at the punitive rate on March 19, 1956, less what he was paid for work performed on that date.

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 February 4, 1958, 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