(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:
                (Escanaba and Lake Superior Railroad Company


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

        (1) The claim* as presented by Assistant General Chairman

        F. M. Larson on January 8, 1981 to the Carrier shall be allowed as presented because the claim was not disallowed by President John Larkin (appealed to him in a letter dated April 24, 1981) in accordance with Sections (a) and (c) of Rule 52. (System File EIS-1679)


              The letter of claim will be reproduced within our initial submission."


OPINION OF BOARD: In this docket, the Carrier has failed to file an ex
 parts submission and failure to do so leaves.the position and assertions of the Organization, which adequately support the claim, unchallenged and uncontrover (Awards 14891, 24020, 24021 and 24037)

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


        That the parties waived oral hearing;


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 had jurisdiction over the dispute involved herein; and

        That the Agreement was violated.

                    Page 2

                    Award Number 24352

                    Docket Number MW-24953


                      A W A R D


          Claim sustained as presented.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 BY
 Rosemarie Brasc -Administrative Assistant

 Dated at Chicago, Illinois, this 2qth day of April 1983.

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