NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
GREAT NORTHERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the agreement and supplements
thereto when it required Track Foreman S. Klick to assume more
than 25 per cent of the work load of Yard Foreman Merle Spencer
while the latter was on vacation on June 7, 10, 14, 17, 21 and 24,
1960.
(2) District Roadmaster R. Marshall failed to notify Claimant
Klick, within 60 days of the date claim was presented, that claim
was disallowed, thereby defaulting under the provisions of the Claim
and
Grievance Rule
.
(3) The decisions by District Roadmaster Marshall, by Assistant Superintendent M&E, B. Treml, by Superintendent H. J. Surles
and by
General Manager
Whitman did not give cognizable reasons
for their
respective disallowances
of the claim.
(4) Because of the violations referred to in Parts 1, 2 and 3
of this claim, the carrier shall be required to allow the claim presented by the claimant in his letter dated June 30, 1960 and which
was personally handed to District Roadmaster Marshall on the same
date.
FINDINGS: The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by complainant party; and
That no hearing thereon has
been held,
and under date of October 22,
1962, the complainant party addressed a formal communication to the
Secre
tary 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 29th day
of October 1962.
[6787