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, when it assigned H. C. Obligor, who is not covered by the Clerks' Rules Agreement, to perform the clerical duties of making physical checks of tracks, and preparing and maintaining seal records of cars of grain, at the Outer Yard, Toledo, Ohio, Lake Region.

(b) The Claimant, Clerk M. T. Stanford, should be allowed eight hours' pay a day, as a penalty, for April 16, 1957, and each of the sixty-four additional specified dates during April, May, June, July and August, 1957. (Docket 282.)

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 parts 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