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 when it failed or refused to assign Mr. O. J. Farmer, furloughed clerk, to the position of Interchange, Switching and Transit Clerk, Stockton, California, advertised in Clerks' Circular No. 60-58 dated April 22, 1958, and

(b) Mr. Farmer shall now be compensated for a day's pay for each work day beginning May 1, 1958 and continuing until he was assigned to and performed work on a position within the scope and operation of the Clerks' Agreement.

Note: Dates on which Mr. Farmer is entitled to be compensated to be determined by 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 this Division 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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