Award No. 8454 Docket No. CL-10074

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 the General Stores Department, Paducah, Kentucky, when on April 2, 1956, it denied L. L. Powell the right to exercise his seniority and promotional rights to Storehouse Laborer position in Reclamation Shop occupied by B. R. English.

(b) L. L. Powell be compensated eight (8) hours' pay at $1.73 per hour on each workday retroactive to April 4, 1956, and forward to date the rules violation is corrected.

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 carrier and 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 has been held and concluded. Under date of August 27, 1958, the parties jointly advised the Secretary of the Third Division of their desire to withdraw this case from further consideration by the Division, which request is hereby granted.

[227]