NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
LEHIGH VALLEY RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the effective Agreement when, in
lieu of calling and using furloughed Track Laborer Iwan Pawluk to
perform track laborer's work on January 26, 1959, it assigned or
otherwise permitted Area Track Foreman Charles Martucci to Perform said work.
(2) Furloughed Track Laborer Iwan Pawluk now be allowed
eight hours' straight time pay because of the violation referred
to in Part (1) 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 July 6, 1961,
the complainant party addressed a formal communication to the Secretary
of the Third Division requesting withdrawal of this case, 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 14th day of July, 1961.
(4087