PARTIES TO DISPUTE:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

DENVER AND RIO GRANDE WESTERN RAILROAD

COMPANY


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


(1) That Joe Monies, Carl Dwyer, and Abe Acosta who work under the jurisdiction of the section foreman at Pueblo, Colorado shall be classified and


paid the rate applicable to section laborers:

(2) That Joe Monies, Carl Dwyer, and Abe Acosta shall be paid the difference between what they received at crossing flagman's rate of pay and that which they should have received at section laborer's rate of pay retroactive from February 1, 1943.


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 the employes involved in this dispute are respectively carrier and employes 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 August 6, 1946, the parties jointly advised the Secretary of the Third Division of their desire to withdraw it from further consideration by the Division, which request Is hereby granted.








ATTEST: H. A. Johnson
Secretary

Dated at Chicago, Illinois, this 3rd day of September, 1946.