Award No. 8997 Docket No. CL-11224

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY

COMPANY-Western Lines

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

(a) Carrier violated the provisions of the Clerks' Agreement at the Albuquerque Storehouse when it removed Storehelper J. Valtierra from his assignment against his wishes and required Mr. Valtierra to exchange assignments with Mr. O. Armijo; and,

(b) J. Valtierra and O. Armijo shall each be returned to their regular assignments; and,

(c)J. Valtierra shall be paid four (4) hours per day in addition to what he is paid each work day from February 4, 1958, until violation is corrected.

FINDINGS: 'The Third Division of the Adjustment Board, after giving he 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 Adjustment Board ex parte by the complainant party; and

That hearing thereon was waived by the parties and under date of September 24, 1959, the complainant party 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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