Award No. 9011
Docket No. MW-8963
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
UNION PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) When the Carrier failed to disallow the claim presented to
B&B Supervisor A. E. Acord in a letter
dated May 19, 1955 and
signed by each member of B&B Gang 1218, the Carrier was obligated,
under the provisions of Article V-1 (a) of the August 21, 1954
Agreement, to allow the claim as it was presented in the aforesaid
letter;
(2) The Carrier's failure and refusal to meet the obligation
referred to in Part (1) of this claim is a violation of Article V1(a) of the August 21, 1954 Agreement;
(3) The Carrier be
required to allow the claim as it was presented to B&B Supervisor Acord in a letter dated May 19, 1955.
(Claim filed on May 19, 1955 relates to the installation of two
18 inch corrugated pipes under the Carrier's tracks near Mile Post 3
on the Malad Branch near Chase Spur by other than B&B
employes.)
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 September 23, 1959, the parties jointly advised the Acting Secretary of the Third
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Division of their desire to withdraw this case from further consideration by
the Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 13th day of October, 1959.