Award No. 9694 Docket No. 0..11021

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE PENNSYLVANIA RAILROAD COMPANY

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

(a) The Carrier violated the Rules Agreement, effective May 1, 1942, except as amended, particularly Rules 3-C-2 and 4-F-1, when it improperly abolished a position of Foreman, Symbol F-313, at the Freight Station, Toledo, Ohio, Lake Region, rest days Saturday and Sunday, rate of $415.84 a month.

(b) The Claimant, C. B. Mills, the incumbent of Position F-313, prior to the date it was abolished should be allowed eight hours' pay a day at the Foreman's rate of pay, as a penalty, for May 16, 1956, and all subsequent dates until the violation is corrected. (Docket 160.)

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 amended 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 4, 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.

(769)