Award No. 9522 Docket No. MW-9131

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BOSTON AND MAINE RAILROAD

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

(1) The Carrier violated the effective Agreement when, on Saturdays, October 8, and 15, 1955, it assigned the work of installing bituminous hot top on the platforms at Freight-House "A", East Cambridge, Mass., to outside forces instead of to its own B&B Mason Forces;

(2) Each employe holding seniority as Mason and/or Mason Helper on the Terminal Division seniority roster now be paid at their respective straight time rate for an equal proportionate share of the total man-hours consumed by the outside forces in the performance of the work referred to in part one (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 July 20, 1960, 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.

17541