Award No. 9332 Docket No. CL-8641

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

SOUTHERN RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) The Carrier violated the Agreement when it failed to call the senior available Telephone Switchboard Operator, Mrs. Knight, to protect a vacancy on March 6, 1955, but instead required Mrs. D. C. Mitchell, Claimant, a junior extra Operator, to protect the vacancy, Claimant Mitchell thus becoming ineligible to protect a vacation vacancy March 7 through March 18, 1955, and

(b) Claimant, Mrs. Mitchell, shall now be compensated at proper rate of pay for the period March 7 through March 18, 1955, when she should have been permitted to work but was deprived of such work by the Carrier's action.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:

The carrier and employe involved in this dispute are respectively carrier and employe 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 has been held and concluded. Under date of March 28, 1960, the parties jointly advised the Secretary of the Third Division of their desire to withdraw this case from further consideration by the Division, which request is hereby granted.

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