THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
 CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY

 STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the terms of the Mediation Agreement dated November 20, 1964 when it applied the nine (9) cents per hour wage increase effective January 1, 1965 for monthly rated employes on the LaCrosse Division on the basis of 174 hours a month instead of 1742/1 hours per month. (Carrier's file M-1108-65.)


(2) Assistant Superintendent J. D. Larson defaulted when he failed to comply with the provisions of Article V of the August 21, 1954 Agreement in his disallowance of this claim which was presented to him on March 1, 1965.


(3) Because of the violations referred to in Parts (1) and (2) of this claim, the Carrier shall compensate each monthly rated employe on the LaCrosse Division an additional six (6) cents per month effective with the month of January, 1965 and for all subsequent months.


EMPLOYES' STATEMENT OF FACTS: The factual situation involved in this dispute is fully described within the following quoted correspondence:




Mr. J. D. Larson, Assistant Supt.
 CB&Q Railroad
 North LaCrosse, Wisconsin

 Dear Sir:

We present herewith claim in behalf of each monthly rated employe under your jurisdiction employed in the Maintenance of Way Department in accordance with our order of appeal.

OPINION OF BOARD: Claim was filed with the Assistant Superintendent by letter dated March 1, 1965. He did not deny it until May 10, 1965more than 60 days after he received it. Petitioner, citing Article V, 1 (a) of the August 21, 1954 Agreement, moves that the Claim be allowed as presented. We will sustain the Claim as presented with Carrier's liability terminating May 10, 1965. NDC Decision No. 16.


As to the merits of the Claim we find it presents the same issues which we resolved in Award No. 15547. For reasons stated in that Award we will dismiss the instant Claim except to the extent prescribed in the preceding paragraph of this Opinion.


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




That the Carrier and the 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; and


That Carrier failed to comply with Article V, 1 (a) of the August 21, 1954 Agreement.





Claim sustained in part and dismissed in accordance with Opinion and Findings.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 30th day of June, 1967.

 Keenan Printing Co,, Chicago, 111. Printed in U.S.A.
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