Award No. 8920 Docket No. TE-9378

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD TELEGRAPHERS

THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD

COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on The New York, New Haven and Hartford Railroad, that:

1. The Carrier violated the provisions of the Telegraphers' Agreement when and because it failed to assign W. Waller Jr., senior available extra employe to temporary vacancy at Scituate, Massachusetts, on March 12, 1956, at which time W. L. Enos, regularly assigned agent, Scituate, was relieved for ten days.

2. In consequence of this violation, W. Walker Jr. shall now be compensated at the hourly rate of the position of agent, Scituate, Massachusetts, because of earnings lost as a result of the violative act of the Carrier.

FINDINGS: The Third Division of the Adjustment Board finds:

That the dispute was certified to the Third Division of the Adjustment Board ex parte by the complainant party; and

That hearing thereon has been held and concluded. Under date of July 14, 1959, 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