Award No. 9186 Docket No. CL-10842

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

NORFOLK AND WESTERN RAILWAY COMPANY

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

(a) The Carrier violated the Agreement when at Portsmouth, Ohio, Scale Office, on January 2, 3, 4, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 21 and 22, 1958, it required Clerk G. R. Bailey to suspend work on his regularly assigned position and perform the duties of Chief Clerk, for the purpose of having the effect of absorbing overtime, and in violation of other rules of the Agreement.

(b) As a penalty, Claimant G. R. Bailey shall now be additionally compensated at pro rata rate of $444.18 per month for the 15 days upon which the violation occurred.

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 28, 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.

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