Award No. 7377
Docket No. MW-7738
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
ERIE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) Carrier violated the Agreement when it failed and refused
to allow the Work Equipment Operator's rate to employes who were
required to operate a Gravely Tractor snow plow in the vicinity of
Binghamton, Waverly and Port Jervis on January 5, 14, 15, 16, 1954
and on dates subsequent thereto.
(2) Trackman Patsy Trotta and other trackmen who performed
the service referred to in Part (1) of this claim be allowed the
difference between what they were paid at the trackman's rate and
what they should have been paid at the Work Equipment Operator's
rate for the time each consumed in operating the Gravely Tractor
snow plow.
(3) That the employes entitled to payment and the amounts due
each of them be accurately determined by a joint check of the Carrier's records.
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
June 25, 1956, 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.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of TBIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 11th day of July, 1956.
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