Award No. 9703 Docket No. CL-11217

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 the Scope Rule, when it required and permitted Victor Letzel, an employe of the Pennsylvania Truck Lines, Inc., to truck freight to and from motor trucks and trailers at the Freight Station, Akron, Ohio, Lake Region.

(b) The Claimant, Karl Eitner, should be allowed eight hours pay a day, as a penalty, retroactive ninety days from October 23, 1957, to July 23, 1957, and continuing until the violation is corrected.

(c)' That any amount due the Claimant shall be determined by a joint check of the Carrier's records by representatives of the Carrier and the Brotherhood.

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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