(Crossed with Award No. 13)


                SPECIAL BOARD OF ADJUSTMENT N0."421


THE ORDER OF RAILROAD TELEGRAPHERS

            VS.


NEW YORK CENTRAL RAILROAD, EASTERN DISTRICT )
(except Boston and Albany Division).and . )
NEW YORK DISTRICT )

STATEMENT OF CLAIM:

        1. Carrier violated the terms of the agreement between the parties when at Benson Mines on August 31, September 1, 2, 4, 6, 7, 8 and 9 it failed and refused to pay J. A. St. Croix for posting and E. P. McAdam for instructing.


        2. Carrier shall be required to pay J. A. St. Croix for posting at the rate of $1.887 per hour for eight hours each day on August 31, September 1, 2 and 4, and nine hours each day for September 6, 7, 8 and 9; and shall further be required to pay E. P.-MnAdam for instruction at the rate of $0.451 for eight hours each day on August 31, September 1, 2 and 4, and nine hours each day for September 6, 7, 8 and 9.


FINDINGS:

The Board, upon the whole record and all the evidence finds that: The Carrier and the Employee and Employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934, and as since amended.

        The Board has jurisdiction over the dispute involved herein.


        The parties to said dispute were given due notice of hearing thereon.


OPINION OF BOARD:

By Award No. 13 dated July 24, 1962 this Board sustained.the subject claim with respect to employe E. P. McAdam and remanded to the parties for further discussion and negotiation that portion of the claim dealing with employe J. A. St. Croix. The parties have returned to the Board to advise that they have reached a settlement on St. Croix's complaint. They therefore request withdrawal of this portion of the claim from the Board's agenda.

AWARD:

The portion of the claim dealing with employe J. A. St. Croix its dismissed.

                S/ Lloyd H. Bailer

                Lloyd H. Bailer, Chairman


S/ L. Faulds S/ R. J. Woodman
L. Faulds, Carrier Member R. J. Woodman, Employe Member,

March 13, 1963