NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the effective agreement when at the
close of work on September 4, 1959, it arbitrarily eliminated Section
No. 22, Toivola and assigned the territory comprising that section
to three (3) adjoining sections and thereby abolished the position
of Section Foreman at Toivola.
(2) That the senior unassigned Section Foreman, or if there
are no unassigned Section Foremen, the senior assistant foreman,
be compensated at the rate applicable to the position of Section
Foreman on Section No. 22, Toivola, retroactive to sixty days from
December 24, 1959 and to continue until the position of Section
Foreman on Section No. 22, Toivola is restored, such compensation
to be in addition to other compensation paid for services rendered
by the claimant.
FINDINGS: The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex parts by complainant party; and
That no hearing thereon has been held, and under date of July 5, 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.
[4117