Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43058 Docket No. MW-43415 18-3-NRAB-00003-160082

The Third Division consisted of the regular members and in addition Referee Peter R. Meyers when award was rendered.

(Brotherhood of Maintenance of Way Emplooyees Division(IBT Rail Conference

PARTIES TO DISPUTE: (

(National Railroad Passenger Corporation (Amtrak) - (Northeast Corridor

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1)The Agreement was violated when the Carrier assigned outside

forces (Rob's Truck and Trailer) to perform Maintenance of Way repairman work (hydraulic system repairs) on Grapple Truck #AN98263 between February 10, 2014 through February 21, 2014 (System File NEC-BMWE-SD-5312 AMT).

(2) The Agreement was further violated when the Carrier failed to provide the General Chairman with advance written notice of its plans to contract out said work or make a good-faith attempt to reach an understanding concerning said contracting as required by the Scope Rule.

(3)As a consequence of the violations referred to in Parts (1) and/or

(2) above, Claimant A. Feldman shall now be compensated or all man-hours expended by the contractor forces performing the afore-described work at his applicable rates of pay."

FINDINGS:

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

Form 1 Award No. 43058

Page 2 Docket No. MW-43415

18-3-NRAB-00003-160082

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

At the January 30, 2018, hearing of the Board in this case, the parties advised the Board that the claim has been withdrawn and the parties have decided to dismiss this case. Therefore, the Board finds that the claim must be dismissed.

AWARD

Claim dismissed.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Dated at Chicago, Illinois, this 2nd day of May 2018.