Award No. 9284 Docket No. CL-11176

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 when on July 27, 1958, they failed to assign Mrs. K. Callaway to the position of Timekeeper RT-13, District Accounting Office, Palestine, Texas, thereby refusing her the right to exercise her seniority rights to this position, this being the result of Bulletin No. DAO 15-A, July 27, 1958 and subsequent Bulletin No. 15-A (corrected) August 4, 1958.

2. That Mrs. K. Callaway be assigned to the position of Timekeeper RT-13, District Accounting Office, Palestine, and be compensated for all monetary loss sustained retroactive to July 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 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 was waived by the parties and under date of March 9, 1960, 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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