PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES





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








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




8249-2 74(i

    (c) That Carrier shall compensate any and all employes affected for any wage loss sustained as a result of being deprived of promotional and seniority rights.


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


                CASE NO. 3


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


    (a) Carrier violated the Rules of the Clerks' Agreement at Memphis, Tennessee, when on October 6, 1955, it created a position of Line Stockkeeper in the Johnston District Stores Department excepted from Rules 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 18, 19, 20, 23, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 54, 55, 56, 57, 58, 59, 60, 61 and 63. Also Rules 24, 25, 26 and 53, except in case of the occupant's dismissal from service.


    (b) That Carrier shall now be required to bulletin position of Line Stockkeeper at Memphis, Tennessee, subject to all Rules of the Clerks' Agreement.


    (c) That Carr er shall compensate any and all employes affected for any wage lose sustained as a result of being deprived of promotional and seniority rights.


      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 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


    Case dismissed.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: A. Ivan Trunnion

              Executive Secretary


Dated at Chicago, Illinois, this 12th day of February, 1958.