Award No. 9726 Docket No. CL-11543

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 transported two M. of E. Employes, fifty feet of fire hose, and tools, in taxicabs owned and operated by the Red Cab Company, from Hawthorne Enginehouse to Eagle Creek Coal Dock, Indianapolis, Indiana, Southwestern Region, to water steam generators on the diesel units of Trains Nos. 94 and 95, on January 1, 2, 3, 4, 5, 6, 7, 8 and 9, 1958.

(b) The Claimant, H. C. Perry, a Group 2 employe at Hawtherne Enginehouse, should be allowed eight hours' pay a day, as a penalty, for each of these nine days. (Docket 371.)

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 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.

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