Award No. 9704 Docket No. CL-11218

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 Clerks' Rules Agreement effective May 1, 1942, except as amended, particularly the Scope and Rule 2-A-1, when it failed to advertise a position in the Office of Auditor of Expenditures, Comptroller's Department, Philadelphia, Pa., and assigned the work to J. J. Agnew, who held a position designated as "Special Duty".

(b) Paul A. Dougherty, Clerk, be compensated for the difference between his own rate of pay and the rate of pay of J. J. Agnew, Clerk, beginning October 8, 1956, and until adjusted, as a penalty. (Docket 358.)

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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