NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEE
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the effective Agreement when it required Section Foreman E. L. Ford and Section Laborers J. H. Hartsell, E. Goodbar, D. A. Thomas and W. M. Bearce to perform work
which
belongs to and comes under the jurisdiction of the Signal Department on September 5 and 9, 1957 and failed and refused to compensate them therefor at applicable Signal Department rates of pay;
(2) For the services referred to in Part (1) of this claim, Section Foreman E. L. Ford be allowed the diference between what he
was paid at the Section Foreman's rate and what he should have
been paid at Signal Foreman's rate and that Section Laborers J. H.
Hartsell, E. Goodbar, D. A. Thomas and W. M. Bearce be allowed the
difference between what they were paid at Section Laborer's rate and
what they should have been paid at Signal Helper's rate.
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.
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.
[961].