NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-4881):
(1) The Carrier violated the Agreement on December 7th, 1969 by their failure to assign the senior qualified Class 1 employe to unassigned work on his rest day, but instead assigned a regularly assigned Class 2 employe to perform the work on his rest day.
(2) That Carrier be required to pay John McAuliffe eight (8) hours' pay at the punitive rate of $3.7788 per hour for not being called as accorded by his contractual seniority rights under the current and existing Agreement.
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 July 7, 1961, 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.