NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

MISSOURI PACIFIC RAILROAD-Gulf District

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

1. The Carrier violated the Clerks' Agreement beginning March 26, 1957 when it discontinued the position of City Passenger Agent, Job No. 773 at Austin, Texas, and assigned the work to a party not covered by the Clerks' Agreement.

2. Claim that the Carrier now be required to correct the violation and J. H. Denny, occupant of City Passenger Agent position No. 773, and all other employes in or affected by the violation be compensated for all losses sustained subsequent to March 26, 1957.

NOTE: Reparation due employes to be determined by joint check of Carrier's payrolls and such other records that may be deemed necessary to establish proper claimand(s).

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:

That carrier and employe involved in this dispute are respectively carrier and employe 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 has been held and concluded. Under date of March 9, 1960, 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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