NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE WESTERN PACIFIC RAILROAD COMPANY

STATEMENT OF CLAIM: This is a claim of the System Committee of the Brotherhood that:

(a) The Carrier violated and continues to violate the rules of the Clerks' Agreement when it appointed to the position of Student Traveling Auditor, Mr. K. J. Tinker, an employe outside the scope of the Clerks' Agreement and holding seniority rights under the Order of Railroad Telegraphers' Agreement.

(b) Mr. W. H. Warrell is entitled to and shall now be additionally compensated, beginning August 17, 1956, at the rate of pay of position to which Mr. Tinker was appointed (as student Traveling Auditor which designation was later changed to Traveling Auditor), and continuing until this violation is discontinued.

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 February 23, 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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