Award No. 5073 Docket No. MW-5230

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

(1) That the Carrier violated the agreement by assigning to Mechanical Department employes the performance of certain work in the Metallurgical Laboratory at Aurora during the period September 20 to October 20, 1947, inclusive;

(2) That B&B Painter A. T. Knott be compensated a day's pay for each day upon which is referred to work was performed in violation of the agreement;

(3) That Painter A. T. Knott be compensated at the foreman's rate of pay on each of the dates referred to because of the Carrier's failure to have assigned him to supervise the performance of this work.

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 complainant party; and

That hearing thereon has been held but not concluded. Under date of October 19, 1950, the complainant party addressed a formal communication to the Acting Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.

AWARD

Case dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Dated at Chicago, Illinois, this 23rd day October, 1960. L5821