Award No. 9724 Docket No. CL-11541

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 'Clerks' Rules Agreement, effective May 1, 1942, except as amended, particularly Rule 3-C-1, when it denied E. W. Bendell the right to exercise his seniority in displacing a junior employe in the Data Processing Department, under the jurisdiction of the Comptroller, located at 32nd Street Building, Philadelphia, Pennsylvania.

(b)' E. W. Bendell be compensated for all monetary loss sustained from April 1, to April 20, 1958, inclusive. (Docket 537.)

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 earrier 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