Award No. 9305 Docket No. CL-11631

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 Agreement, particularly Rule 34, when it required Mr. R. B. Timberman to vacate his assignment of Claim and Industry Clerk after he had begun work on July 25, 1958, in order to work the position of Assistant Chief Clerk, and;

(b) Mr. Timberman is entitled to and shall now be paid for eight hours at the rate of his regular assignment of Claim and Industry Clerk, plus eight hours at the Assistant Chief Clerk's rate of pay, less compensation he actually received for service performed on July 25, 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 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.

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