Award No. 9165 Docket No. CL-10469

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

KANSAS CITY TERMINAL RAILWAY COMPANY

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

(a) The Carrier violated the procedural provisions of the Agreement by the manner in which it bulletined and assigned two new positions in the Audit Department, and;

(b) R. A. lawson be compensated for the difference between the rate of pay of the position he held at the time of the violation and the rate of pay of position of Bureau Supervisor for the period March 11, 1957 to August 14, 1957; and

(c) H. A. Hutsell be compensated for the difference between the rate of pay of the position he held at the time of the violation and the rate of pay of position of Assistant Bureau Supervisor for the period March 11, 1957 to August 14, 1957.

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. Under date of December 11, 1959, 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.

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