Award No. 9722 Docket No. CL-11372

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 (e) and 3-A-1, when it hired Mrs. Ida Decker as a clerk and used her to fill a vacancy on clerical position Symbol No. F-102, at the Freight Station, Shelbyville, Indiana, former Southwestern Division, during the period July 11 through July 22, 1955.

(b) The Claimant, J. A. Berry, should be allowed eight hours pay a day, as a penalty, for each date on which the violation occurred during the period July 11 through July 22, 1955. (Docket 345.)

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 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.

AWARD