Award No. 8788 Docket No. MW-9049 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 on March 23, 24, 25, 29, 30, and 31, 1955, it assigned and/or permitted other classes of employes to perform Roadway Machine Mechanic Helper's work;

(2) The Carrier further violated the effective Agreement when, on April 1, 4 and 5, 1955, it again assigned and/or permitted other classes of employes to perform Roadway Machine Mechanic Helper's work;

(3) Roadway Machine Mechanic Helper H. H. Ashcraft now be allowed eight (8) hours' pay, at his respective straight time rate, on each of the aforestated dates, account of the violations referred to to parts one (1) and two (2) 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 parte 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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