NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
THE BALTIMORE AND OHIO RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when, at the close of
business on February 17, 1956, it abolished a position of Lampman
held by Wade G. Jenkins, and, in lieu thereof, arbitrarily established
a dual position of Lampman-Crossing Watchman, which is not permitted under Agreement rules.
(2) The Carrier shall immediately discontinue the dual position
of Lampman-Crossing Watchman.
(3) The position of Lampman should be restored and that
Wade G. Jenkins and all other employes adversely affected by the
abolishment of this position should be restored to their former status
and be reimbursed for any monetary loss sustained by reason of the
violation referred to in Part (1) of this claim.
(Note-Monetary claim is retroactive to March 29, 1956.)
FINDINGS: The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board jointly by the parties;
That 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 hearing thereon has been held and concluded. Under' date of
February 20, 1959, 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.
[200]
8732-2
201
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of THIRD DIVISION
ATTEST: A. Ivan
Tummon
Executive Secretary
Dated at Chicago, Illinois, this 26th day
of February, 1959.