Award No. 9302 Docket No. CL-11312

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 the rules of the Clerks' Agreement by assigning the Assistant Cashier at Stockton, California an improper meal period and

(b) Mrs. Barbara Moffitt and her relief and/or successors are entitled to be paid one hour's overtime daily beginning March 24, 1958, and continuing until the violation was corrected on May 25, 1958.

Note: The names of the successors and/or relief on the position of Assistant Cashier, Stockton, to be determined from a joint check of the Carrier's records.

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 parts 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.

[2357