Award No. 9718 Docket No. CL-11345

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 2-A-1 and 2-A-2, by using Assistant Yard Master J. B, Fitzgerald, and his successors, to perform clerical duties six days a week 9:00 A. M. to 5:00 P. M., at South Yard Office, 4th Street Yard, Altoona, Pennsylvania, Pittsburgh Region.

(b) The Claimants, R. C. Cartwright and M. R. Brooks, should be allowed eight hours pay a day, as a penalty, commencing January 2, 1956, and continuing until the violation is corrected. (Docket 310. )

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the Carrier and Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

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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