Award No. 9738 Docket No. SG-9833

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF RAILROAD SIGNALMEN

OF AMERICA

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railroad Signalmen of America on the Chicago and North Western Railway Company that;

(a) The Carrier violated the current Signalmen's Agreement when it failed to assign Mr. R. M. Cimochowski, Signalmen 20 C-1 and 20(e), Job No. 172, Central Crew No. 1, Central Seniority District, to perform the vacation relief work required on the signal maintenance position at Waukegan, Illinois.

(b) That the Carrier now pay R. M. Cimochowski the difference between the monthly rate of the 20(e) rate and that which he earned working as Signalman on Central Crew No. 1 for the first period of February, 1956.

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 the 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 December 5, 1960 the parties jointly addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.

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