STATEMENT OF OLAIM: 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 27, 1957, a Sunday, it called out two Maintenance of Way employes, who hold no seniority or other rights under the Clerks' Agreement, to perform all of the work of supervising, checking, handling, making records, and servicing heaters in bunkers of refrigerator cars containing perishable products, to the exclusion of clerical employes who were entitled to have performed this service.
(2) Yard Clerks Thomas O'Toole and James Ellison at the Chouteau Avenue Yard Office in the St. Louis Terminal, now be allowed one day's pay at overtime rate account this violation.
FINDINGS: The Third Division of the Adjustment Board, 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 was waived by the parties and under date of July 30, 1955 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.