Award No. 9424 Docket No. CL-10797

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC

RAILROAD COMPANY

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

1. Carrier violated the Clerks' Rules Agreement when it permitted the Assistant Superintendent, who occupies an official position, to perform work in connection with the handling of mail for Train No. 118 at Madison, Wisconsin on December 16, 1957, such work being fully covered by the scope and application of the Clerks' Rules Agreement.

2. Carrier shall now be required to compensate Employe W. II. France for a two-hour call at the overtime rate of Yard Clerk Position No. 3 for December 16, 1957.

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

That 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 was waived by the parties and under date of April 29, 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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