Award No. 9706 Docket No. CL-11220

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 Rule 4-C-1, and the National Vacation Agreement, when it arbitrarily removed Clerk Thomas J. Devon, Freight Claim Department, Philadelphia, Pennsylvania, from his regular position and assigned him to fulfill the regular position of a vacationing clerk.

(b) Thomas J. Devon, Clerk, be compensated an additional day's pay at his regular rate, for each day from July 23, 1956, to July 27, 1956, inclusive. (Docket 364.)

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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