Award No. 2759 Docket No. CL-2811

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

THE DENVER AND RIO GRANDE WESTERN RAILROAD

COMPANY

(Wilson McCarthy and Henry Swan, Trustees)

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:

(1) That Mr. G. W. Freeland, Rate and Division Clerk, Passenger Accounts Office, Denver, Colorado, be reinstated with full seniority rights and his record cleared.

(2) That Mr. G. W. Freeland be compensated for all time lost account of his illegal and arbitrary dismissal from service of The Denver and Rio Grande Western Railroad Company.

(3) That Mr. G. W. Freeland be reimbursed for all extra and extraordinary expense incurred by him in seeking other employment which was made necessary by his removal from service.

FINDINGS: The Third Division of the Adjustment Board, after giving 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 Railroad 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 date of January 2, 1946, the parties jointly addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which is hereby granted.

AWARD