Award No. 9170 Docket No. CL-10968

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 pay Frederick W. Copson and Frank K. Kloepfel, Mail Handlers, eight hours each at the overtime rate of their positions for Wednesday May 21, 1958, and;

(b) The Carrier pay Theodore H. Livengood, Mail Handlers, 2%z hours at the overtime rate of his position for Wednesday, May 21, 1958.

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 parte by the complainant party; and

That hearing thereon was waived by the parties and under date of December 11, 1959, the parties jointly addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this ease from further consideration by the Division, which request is hereby granted.

AWARD