NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY

COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) Carrier violates the provisions of the current Agreements at Belen, New Mexico, when it fails to permit Joe T. Garcia to perform relief service on Warehouseman Position 5300 during the vacation period of the regular occupant; and,

(b) Joe T. Garcia shall now be paid the difference between his regular assigned Position No. 9445 and warehouseman Position No. 5300 including overtime accruing to Position 5300 for the period March 11 to 27, 1958, inclusive.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the Carrier and Employes 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 December 21, 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.

[6147