Award No. 9710 Docket No. CL-11304

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, and the Rate Agreement of August 1, 1951, when it failed to make the rate of pay of clerical position Symbol A-31-B, located in the Regional Manager's office at Indianapolis, Indiana, Southwestern Region, retroactive until November 1, 1955, the date the position was established, and the incumbent and the rate of pay of the position were 'frozen.

(b), The Claimant, incumbent of Position A-31..g, L. K. Cook, should be allowed thi difference between $374.73 a month that he was paid, and $413.71 a month, the new rate of pay of the position established as the result of a questionnaire timestudy, for the peroid November 1, 1955, tj October 1, 1956. (Docket 296.)

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 parts 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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