Award No. 9699 Docket No. CL-11171

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE PENNSYLVANIA RAILROAD COMPANY

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

(a), (b), and (c), when it failed to bulletin and award a vacancy 1, 1942, except as amended, particularly Rules 2-A-1 (a), and 2-A-2 (a), (b), and (c), when it failed to bulletin and award a vacancy existing on clerical position, Symbol A-58-B, in the Consolidated Operating Office, Indianapolis, Indiana, former Southwestern Division, effective July 1, 1954.

(b) The Claimant, J. M. Davenport, should be allowed eight hours' pay a day, as a penalty, for July 1, 1954, and all subsequent dates until the violation is corrected. (Docket 126.)

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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