Award No. 10264
Docket No. SG-10930
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY
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, particularly Rules 5, 14 and 15, and the Seniority and
Assignment Rules, when it caused and required Signal Maintainer
J. B. Evans to leave his regularly assigned signal maintenance position and perform signal gang work at Jacksboro, Texas, on September 3, 1957.
(b) The Carrier now compensate J. B. Evans for eight hours
at his pro rata rate ($2.296 per hour) for the violation on September 3, 1957, in addition to compensation already paid him for that
day.
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 thereon was waived by the parties and under date of
December 14, 1961, the parties jointly addressed a formal communication to
[6107
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the Secretary of the Third Division requesting withdrawal of this case from
further consideration by the Division, which request is hereby granted.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 19th day of December 1961.