NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen of America on the Chicago, Rock Island and Pacific Railroad Company that:

(a) The Carrier violated the Signalmen's Agreement, as amended (particularly Rule 18 and others), when it failed or refused to assign Signalman A. West, a senior qualified available employe, to the overtime service required of a part of the signal employes assigned to Signal Gang No. 1, from 7:30 P. M. to 11:30 P. M. on March 20, 1957, at Polo, Missouri, and instead assigned the overtime work to Assistant Signalman Fowler, who is junior to the claimant in seniority and classification.

(b) The Carrier now compensate claimant A. West at his then respective overtime rate of pay for the overtime service he was denied from 7:30 P. M. to 11:30 P. M. on March 20, 1957.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and 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 has been held and concluded. Under date of November 17, 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.

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