NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier is and has been in violation of the effective
Agreement since 'quitting time, May 3, 1957' at which time it effected
a paper abolishment of the 'position of Water Service Foreman,
Ohaha-Northern Kansas Division' and thereafter assigned the duties,
responsibilities, and work of said Water Service Foreman's position
to the B&B Supervisor, a position which is excluded from the Scope
of the Agreement.
(2) The position duties, and responsibilities of the aforesaid
Water Service Foreman's position be restored to with the Scope of the
subject Agreement and that Water Service Foreman W. Don Johnston be allowed to again resume his duties, work and responsibilities
as a Water Service Foreman on the Omaha-Northern Kansas Division.
(3) In addition to other compensation received, Water Service
Foreman W. Don Johnston be allowed eight (S) hours' pay at the
Water Service Foreman's straight time rate for each work day since
May 3, 1957 that he has been deprived of filling the Water Service
Foreman's position because of the violation referred to in part (1)
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 January 18,
1959, the complainant party addressed a formal communication to the
Secretary of the Third Division requesting withdrawal of this case, which request
is hereby granted.
[955]
8696-2
956
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 20th day of January, 1959.