STATEMENT OF CLAIM: ". . . for and in behalf of C. T. Jackson, who is now and for a number of years past has been employed by The Pullman Company as an attendant operating out of the New York Central District of New York City, New York. Because the Pullman Company did, under date of April 1, 1940, penalize attendant Jackson by giving him an actual suspension of five days on the charge that attendant Jackson refused to serve food and drink to two Pullman passengers on New York Central train No. 163, September 22, 1939, which charge was unproved and penalty unjust and unreasonable. And further for the record of attendant Jackson to be cleared of the charge made against him and for attendant Jackson to be paid for the five days wage loss by virtue of the disciplinary action taken."
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
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 has jurisdiction over the dispute involved herein; and
That hearing thereon has been held and concluded. Under dates of March 13 and March 6, the employes and the carrier, respectively, advised the Secretary of the Third Division of their desire to withdraw it from further consideration by the Division, which request is hereby granted.