NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF RAILROAD SIGNALMEN

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen of America on the Chicago, Rock Island and Pacific Railroad Company that:

(a) The Carrier violated the current Signalmen's Agreement, as amended, especially the Scope, when it assigned and/or permitted paint gang employes, who hold no seniority or other rights under the Signalmen's Agreement, to paint "END OF BLOCK" and other signs near mile posts 402 and 516 on or about December 12, 1957, and January 10, 1958.

(b) The Carrier now compensate Signal Maintainer W. L. Stickley for four hours at his regular rate of pay, amounting to $9.904, for the violation listed in paragraph (a).

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the Carrier and Employe involved in this dispute are respectively carrier and employe 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 was waived and under date of November 15, 1961, the parties jointly addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.

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