Award No. 9715 Docket No. CL-11342

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 Rules 3-B-1 and 4-A-1 (i), when it assigned the Saturday and Sunday rest day duties of a Group 2 janitor position to a Group 1 Relief Position at Cincinnati, Ohio, Buckeye Region.

(b) The Claimant, Charles Parker, Jr., should be allowed a three hour call, as a penalty, for Saturday and Sunday, November 10 and 11, 1966, and all subsequent Saturdays and Sundays until the violation is corrected. (Docket 314.)

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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