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 required J. F. Lehman, a Telegraph Operator not covered by the Clerks' Rules Agreement, to fill the vacation vacancy of Clerk C. R. Duff, in the office of the Supervising Operator, Chicago, Illinois, Northwestern Region.

(b) The Claimant, Clerk Walter S. Nedvar, should be allowed eight hours pay a day, as a penalty, for each day on which the violation occurred during the period September 17, through October 5, 1956. (Docket 280.)

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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