Award No. 9312 Docket No. DC-11611 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employes Local 3544 on the property of the Wabash Railroad Company, for and on behalf of Waiter-in-Charge James O. McFadden, Chef Charles Edwards, Elmer Elliot and all others adversely affected as a result of Carrier transferring work involving the preparation and service of food on Trains 2 and 3 to employes not covered by the agreement. We request that:

1. Claimants be compensated at their pro rata hourly rate of pay for all hours accumulated by Pullman Company employes engaged in the service and preparation of food and beverage on Trains 2 and 3 since the 18th day of July, 1959 until Carrier assigns this work to employes coming within the scope of the agreement.

2. Carrier post for bid in accordance with the provisions of Rule 7(d) of the agreement all positions on Trains 2 and :3 involving the service and preparation of food and beverage.

3. The vacation rights of employes entitled to this work be adjusted.

FINDINGS: The Third Division of the Adjustment Board finds:

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 and under date of March 22, 1960, the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.

AWARD