Award No. 10340 Docket No. CL-11073

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

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

1. That Carrier violated rules of the parties' agreement effective April 22, 1955 in filling temporary vacancy of Caller-Clerk in Evansville, Indiana roundhouse.

2. That R. T. Baker, senior available furloughed clerk, be allowed wage loss sustained, namely a day's pay at rate of position involved for period November 21 to November 27, inclusive, and that Georgia Hessman, senior available clerk, be allowed wage loss she sustained, namely a day's pay at rate of position involved during period December 1, 1957 through January 31, 1958.

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 parte by the complainant party; and

That hearing thereon was waived by the parties and under date of December 1, 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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