NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
SOUTHERN PACIFIC COMPANY (Pacific Lines)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when it failed to call
and use B&B Mechanic Joseph E. Robbins to perform overtime from
May 15, 1956 to June 1, 1956 inclusive and, in lieu thereof, used a
junior B&B mechanic, namely Mr. James Burton.
(2) The Carrier pay additional compensation to B&B Mechanic
Joseph E. Robbins in the amount of 216 hours at the time and one
half rate, his regular rate as provided in the Agreement, particularly
Rule 2.
(3) (a) Superintendent Anderson's disallowance of the above
mentioned claim did not meet the requirements of Article V, 1 (a) of
the Agreement of August 21, 1954.
(b) Assistant Manager of Personnel Stephenson's decision of
October 4, 1956 did not disallow claim presented to him, that claim as
presented should be allowed because of Superintendent Anderson's
decision as referred to in Part (a) of this Part 3 of Statement of
Claim.
(4) For the reasons set forth in Parts 1 and 3 of this claim,
Claimant Robbins be allowed payment as per Part 2 of this claim.
FINDINGS:
The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex parts by complainant party; and
That no hearing thereon has been held, and under date of October 3, 1958,
the complainant party addressed a formal communication to the Secretary of
the Third Division, requesting withdrawal of this case, which request is hereby
granted.
[410]
8489-2
¢11
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 3rd day of October, 1958.