NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
ELGIN, JOLIET AND EASTERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the effective Agreement when it
failed and refused to assign Mr. N. Morikis to one of the three
Track Foreman's positions advertised in Bulletin No. 1825 and in
lieu thereof, assigned the position to Mr. Harry Fiddler, a junior
employe.
(2) The Carrier further violated the effective Agreement
when it failed to list the applicants for the positions of Track Foreman advertised in Bulletin No. 1825 on Bulletin No. 1825-A in
seniority order.
(3) Mr. N. Morikis be assigned to the position of track
Foreman and be allowed the difference between what he received
at the section laborer's rate and what he should have received at
the track foreman's rate of pay since July 5, 1955 because of the
violations referred to in Parts (1) and (2) of this claim.
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and Employes involved in this dispute are respectively
Carrier and Employes 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
That hearing thereon has been held and concluded. Under date of
January 31, 1962 the parties jointly advised the Secretary of the Third
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Division of their desire to withdraw this case from further consideration by
the Division, 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 5th day of February 1962.