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 the Scope Rule and Rule 2-A-1, when it required and permitted Group 2 Baggagemen, 1. Johnson and P. C. Harley, to perform duties accruing to Grjup 1 clerks in the Baggage Department, Pennsylvania Station, New York, New York, former New York Division, on tours 1 and 3, and failed to assign the work by bulletin to Group 1 employes.

(b) The Claimants, J. J. Higgins and D. J. O'Shaughnessy should each be allowed eight hours pay a day, as a penalty, at the clerical rate of pay, retroactive ninety days from September 14, 1951, and continu.ng until the violation is corrected. (Docket 34.)

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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