NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Mortimer Stone, Refer"

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

(1) The Carrier violated the effective agreement when it assigned the performance of concrete work in connection with the grade changes and/or strengthening of the sub-structural supports of Bridges Numbers 409, 410, 489 and 801 on the Iowa Division, to an outside contractor whose employes hold no seniority under the effective agreement;

(2) That the Bridge and Building employes holding seniority on the Iowa Division, be paid at their respective straight time rates of pay for an equal proportionate share of the total man-hours consumed by the contractor's forces during the time they were engaged in the work referred to in part (1) of this claim.

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 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 parte by the complainant party; and

That hearing thereon has been held and concluded. Under date of April 20, 1953, the parties jointly advised the Secretary of the Third Division of their desire to withdraw this case from further consideration by the Division, which request is hereby granted.

[10247