Award No. 8443 Docket No. CL-10293

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 January 5, 1957, Engine Foreman Hunter pulled cars from the Hoerner Box Plant at Ft. Worth, Texas, switching the cars out in the yard and marking the cars for disposition and destination, he holding no seniority or other rights under the Clerks' Agreement.

(2) As a penalty for such violation, Car Clerk J. H. Darwin now be allowed one day's pay.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employe involved in this dispute are respectively carrier and employe 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 was waived by the parties and under date of July 30, 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.

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