THIRD DIVISION
Award No. 44536
Docket No. 45621 22-3-NRAB-00003-190560
The Third Division consisted of the regular members and in addition Referee Jeanne Charles when award was rendered.
(Brotherhood of Maintenance of Way Employes Division – (IBT Rail Conference
(Springfield Terminal Railway Company STATEMENT OF CLAIM:
“Claim of the System Committee of the Brotherhood that:
The Agreement was violated when the Carrier assigned outside forces to perform Engineering and Mechanical Department work (cutting brush) on the Con-River Main Line, including but not limited to Mile Posts 19 through 22 and when the Carrier assigned other than Maintenance of Way forces to perform track protection work related thereto beginning on April 23, 2018 (Carrier’s File MW-18-30 STR).
The Agreement was further violated when the Carrier failed to make a good-faith attempt to reach an understanding concerning said contracting as required by Article 3.
As a consequence of the violations referred to in Parts (1) and/or
(2) above, Claimants K. Hammond, C. Rice and Y. Kovrizhnykh shall now each be allowed ‘… be compensated for all hours worked by Pantermehl employees as well as the flagman position as broken down above. This claim is also ongoing and inclusive of all hours worked until the work is finished or ceases.
***’”
Page 2 Docket No. 45621
22-3-NRAB-00003-190560
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
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 hearing, the Board was advised that the Organization was withdrawing this dispute from the Board. Therefore, no further action is required, and the claim shall be dismissed.
Claim dismissed.
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 8th day of October 2021.