Award No. 9708 Docket No. CL-11223

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 (e), and 4-C-1, when it arbitrarily removed Mr. C. F. Pratt from his regular position of Tractor Operator, in the Back Shop, Fort Wayne, Indiana, Northwestern Region, and required him to work as a Store Attendant in the Fort Wayne Car Shop.

(b) The Claimant, C. F. Pratt, should be allowed an additional eight hours pay a day, as a penalty, for each of the following dates on which the violation occurred, September 11, 12, 13, 17, 18, 19, 20, 21, 24, 25, 26, 27, 28 and October 1 and 2, 1956. (Docket 208. )

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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