PARTIES TO DISPUTE:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

DELAWARE AND HUDSON RAILROAD CORPORATION

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


(1) That the Carrier violated the Agreement by not compensating the employes operating Bulldozer on the Susquehanna Division at the rate of pay applicable to such work;


(2) That all employes who operated the Bulldozer on the Susquehanna Division be compensated for the difference between what they did receive at their own regular rates of pay and what they should have received at the Portable Machine Operators' rate of $284.37 per month;


(3) That the position of Portable Machine Operator should be now advertised in accordance with the provisions of Rule 27 of the effective agreement.


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; and


That the dispute was certified to the Third Division of the Adjustment Board ex parte by complainant party; and


That hearing was held and concluded. Under date of May 5, 1950, the parties jointly addressed a formal communication to the Acting Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.





ATTEST: A. I. Tummon
Acting Secretary Dated at Chicago, Illinois, this 19th day of May, 1950. [5351