NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
THE BALTIMORE AND OHIO RAILROAD COMPANY
STATEMENT OF 01-AIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the effective Agreement when it directed and required Section Foreman Wilbur Beach to assume the
duties, responsibilities, and work load of two positions during the
vacation absence of Section Foreman J. H. Coffman from June 78 to
July 6, 1956, both dates inclusive.
(2) That the Division Engineer's disallowance of the claim was
not in conformance with Article V, Section 1 (a) of the Agreement
signed at Chicago, Illinois on August 21, 1954, account of failure to
notify of his reasons for said disallowance.
(3) Because of the violations referred to in Parts (1) and (2)
of this claim, the Carrier now be required to allow the following
claim which was presented under date of July 30, 1956:
"Claim is filed herewith in behalf of Foreman Wilbur
Beach in the amount of 112 hours (14 days) pay at the
Foreman pro rata rate applicable to Section 52 at North
Vernon."
FINDINGS: The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by complainant party; and
That no hearing thereon has been held. 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.
[214]
8739-2
215
AWARD
Case dismissed.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tunumon
Executive Secretary
Dated at Chicago, Illinois, this 26th day of February, 1959.