NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

FLORIDA EAST COAST RAILWAY COMPANY, J. Turner Butler and William A. Hallowes, Trustees

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

(a) Carrier violated the agreement when it worked a junior clerk overtime in preference to the senior clerk at West Palm Beach on the dates indicated below, and that

(b) Carrier be required to compensate the senior employe, C. H. Keenum, Jr., 30 minutes at the penalty rate of his position on each of the dates of July 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 and 20, 1957, based on Rate Clerk J. E. Vogler, who is junior to Assistant Cashier C. H. Keenum, Jr., having been used to perform, in advance of his assigned hours, certain work regularly performed on position of Chief Clerk.

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 parte by the complainant party; and

That hearing thereon was waived by the parties and under date of October 26, 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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