NATIONAL RAILROAD ADJUSTMENT BOARD
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 effective Agreement when it required Section Foreman Albin W. Dunsten, Assistant Section Foremen J. M. Baker and James E. Hewitt, Sectionmen Henry P. Fick,
Ellis L. Harper, Charles W. Paul, Jr., Everett E. Bottlemiller, Carol
E. McCullough and Thomas W. Young to suspend work during their
regular assigned work period on various dates during the period
from March 18, 1957 through April 4, 1957;
(2) The Carrier further violated the effective Agreement when
it failed to use Sectionmm Henry P. Fick to perform six (6) hours
of overtime service on March 17, 1957, one (1) hour on March 23,
1957 and two (2) hours on March 24, 1957 and in lieu thereof, assigned the overtime service to a junior employe;
(3) The Claimants referred to in Part (1) of this claim be
allowed pay at their respective straight time rates for the number of
hours each was required to suspend work during their regularly assigned work period during the period referred to in Part (1) of this
claim;
(4) Sectionman Henry P. Fick be allowed nine (9) hours of
overtime pay because of the violation referred to in Part (2) of this
claim.
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, and under date of August 31,
1959, the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request is
hereby granted.
(6631
9021-2
664
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.