Award No. 9697 Docket No. CL-11123

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 Rule 3-A-1 and Item 7 of Extra List Agreement No. 6, at Hawthorne Yard, Indianapolis, Indiana, Southwestern Region, when it used regularly assigned clerk S. Wyeth, to fill vacancies on the position of Clerk D. D. Crum on certain dates.

(b) The Claimant, C. M. Stoker, should be allowed eight hours pay for July 30 and 31, August 1, 2, 3, 4, 6, 7, S, 9, 10, 11, and October 16, 17, IS, 19 and 23, 1956. (Docket 252.)

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 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.

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