Award No. 9707 Docket No. CL-11221

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 Rules 2-A-1 and 2-A-2, and Supplemental Agreement "A", paragraph 1-C, when it failed to bulletin and award a clerical position which was established in the ofce of Mr. R. W. Riser, Assistant Engineer-Construction, located in the Produce Yard, Indianapolis, Indiana, Southwestern Region.

(b) The Claimant, R. I. Stevens, should be allowed eight hours pay a day, as a penalty commencing February 11, 1957, and continuing until the violation is corrected. (Docket 290.)

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.

(7947