Award No. 8737 Docket No. MW-9661

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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 it refused to compensate Trackman Alton D. Pence at the rate of $2.178 per hour for services performed on March 28, 1956, on which date he was required to assist Communication Maintainer Reinohl and a Western Union lineman in repairing communication lines.

(2) Claimant Alton D. Pence now be paid $3.65, which represents the difference between what he was paid at the rate of $1.722 per hour and what he should have been paid at the rate of $2.178 per hour for the services he performed on March 28, 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 hell 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.

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