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) The Carrier violated the Agreement when it established an
extra gang during the latter part of June, 1955, and failed to bulletin
the foreman's position on said gang;
(2) The Carrier again violated the Agreement when it failed
to bulletin the position of foreman on said gang when Mr. M. D. Bates
relinquished said position and again when a Air. McCarthy was discharged from said position;
(3) The Carrier further violated the Agreement when it used
Messrs. James and McCarthy as foreman on said gang; both of said
employes being ineligible for said position under the provisions of the
applicable rules of the Agreement, and, in addition thereto, because
they
were both junior to Mr. Earl 117. Whiteman, a qualified track
foreman;
(4) Earl M. Whiteman now be paid the difference between the
wages paid him as a relief foreman and the wages which would have
been paid him as foreman of this extra gang for each day in which a
junior and/or ineligible employe was used as foreman on Extra Gang
No. 747 and later identified as Extra Gang No. 2308.
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;
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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
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.