NATIONAL RAILROAD ADJUSTMENT BOARD


              SECOND DIVISION


PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 128, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Firemen and Oilers)


CHICAGO AND ILLINOIS MIDLAND RAILWAY COMPANY

    DISPUTE: CLAIM OF EMPLOYES:


    1. That under the current agreement the Carrier unjustly dismissed Laborer Joseph Tomko from its service on November 6, 1957.


    2. That accordingly the Carrier be ordered to reinstate Laborer Joseph Tomko to the service with seniority, vacation and all other rights accrued under the Agreement unimpaired and compensate him at the applicable straight time rate of pay for all time lost as a result of the aforesaid violation.


STATEMENT: The above question was submitted to the Second Division of the National Railroad Adjustment Board by the above referred to organization in ex parte form and the Division is now in receipt of a request from the employes that the case be withdrawn.

                  AWARD


    Claim dismissed.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION


ATTEST: Harry J. Sassaman
 Executive Secretary

 Dated at Chicago, Illinois, this 30th day of January, 1959.

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