NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Chicago, Rock Island and Pacific
Railroad Company that:
(a) The Carrier violated the current Signalmen's Agreement,
particularly Rules 5, 14, and 16, and the seniority rules, when it
removed Signal Maintainer J. D. Boots from his bulletined signal
maintenance assignment at Albert Lea, Minnesota, and required him
to perform maintenance work on the Inver Grove Bridge, a part of
the Inver Grove signal maintenance territory, at or near St. Paul,
Minnesota, on July 21, 22, 23, 24, and 25, 1958.
(b) The Carrier further violated Article V, Pa. 1(a) of the
August 21, 1954 National Agreement when it failed to give any
reasons for disallowing the claim in its letter of September 22, 1958,
to General Chairman R. A. Watkins.
(c) The Carrier therefore be required to pay Signal Maintainer J. D. Boots for 8 hours on July 21, 8 hours on July 22, 8 hours
on July 23, 8 hours on July 24, and 8 hours on July 25, 1958; a
total of 40 hours at $2.516 per hour; total money claimed $100.64;
this amount to be paid in addition to the amount he may have been
paid during the above period. This claim is filed on a continuing
basis for as long as the above violations of the agreement rules
continue.
FINDINGS: The Third Division of the Adjustment Boerd, 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 parte by the complainant party; and
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That hearing thereon was waived by the parties and under date of
December 14, 1961, 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.
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.