Award No. 9713 Docket No. CL-11308

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), 3-C-1 and 4-C-1, when it arbitrarily removed Clerk R. P. Casillas from his regular position at Rose Lake Yard, Illinois, Southwestern Region and required him to fill vacancies existing on clerical position Symhol B-55-G, on February 9, 13, 16 and 17, 1957.

(b) The Claimant, R. P. Casillas, should be allowed eight hours pay a day, as a penalty, at the rate of pay of Position B-55-G, for February 9, 13, 16 and 17, 1957. (Docket 3'17.)

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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