Award No. 9716 Docket No. CL-11343

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-2 (a), 2-A-3, and 3=C-1 (a), when it failed to permit Clerk B. fJ. Emmerick to exercise seniority on clerical position Symbol B-111-G- in the office of the Assistant Train Master, Sandusky, Ohio, Lake Region.

(b) The Claimant, B. M. Emmerick. should be allowed eight hours pay a day, as a penalty, for Dece,nber 3, 1957, and all subsequent dates until the violation is corrected. The Claimant should also be reimbursed for any additional expense incurred as provided in Rule 4-G-1 (b) and (c). (Docket 316 )

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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