Award No. 9382 Docket No. CL-11174

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

KANSAS, OKLAHOMA & GULF RAILWAY CO.

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier violated the Clerks' Agreement at Denison, Texas, from October 15, 1958 to October 29, 1958 inclusive, when,

(a) It used Telegrapher Troy Smith to work vacation period of Yard Clerk Lewis Pipkin, and,

(b) That furloughed Yard Clerk W. E. Bond shall now be compensated for 15 days at the regular rate of Yard Clerk account of this violation.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the Carrier and the 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 parte by the complainant party; and

That hearing thereon was waived by the parties and under date of April 6, 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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