Award No. 3740 Docket No. MW-3744

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

LANCASTER AND CHESTER RAILWAY COMPANY

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

(1) That under the application of the first paragraph of Rule 52 of agreement in effect between the Carrier and the Brotherhood of Maintenance of Way Employes, reading:

"This agreement shall become effective as of October 16, 1944, and shall remain in full force and effect until October 16, 1945, or until the President of the United States declares that hostilities have terminated, whichever occurs last; provided, however, that the railroad shall apply to its employes covered by this agreement any increase or decrease in rates, or any increase in vacation benefits, ordered for such class of employes of short lines in general prior to such termination date."

The employes in the Maintenance of Way Department are entitled to the increases in rates of pay, viz., the sixteen cents (160) per hour increase established by agreement between the Carrier's Conference Committee and the National Conference Committee, representing the fifteen cooperating railway labor organizations, under date of April 4 1946, retroactive to January 1, 1946, and the two and one-half cents (2'hd) per hour increase authorized by direction of the President of the United States and formally established by agreement between the Carrier's Conference Committee and the National Conference Committee, representing the fifteen cooperating railway labor organizations, under date of May 25, 1946, effective May 22, 1946;

(2) That the Carrier shall forthwith put in effect the sixteen cents (160) per hour increase in rates of pay, retroactive to January 1, 1946, and the two and one-half cents (2'h2) per hour increase in rates of pay, retroactive to May 22, 1946.

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;

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