NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the effective agreement when they assigned the work of constructing two truck bodies and the installation of a new engine in Truck No. 1590 to the Southwestern Transportation Company, whose employes hold no seniority rights under the provisions of this agreement;

(2) The employes holding seniority as Roadway Machine Mechanic Foremen, Mechanics and Helpers each be paid at their respective straight time rates of pay for an equal proportionate share of the total man-hours consumed by the Southwestern Transportation Company's employes in performing the work referred to in Part (1) of this claim.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:

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 the dispute was certified to the Third Division of the Adjustment Board ex parts by the complainant party; and

That hearing thereon has been held and concluded. Under date of April 1, 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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