STATEMENT OF CLAIM: * * * for and in behalf of N. Derrette who is now, and for a number of years past has been, employed by The Pullman Company as a porter operating out of the district of Washington, D. C.
Because The Pullman Company did, under date of May 18, 1944, take disciplinary action against Mr. Derrette by disciplining him with an actual suspension of five (5) calendar days; which penalty was unjust, unreasonable and in abuse of the Company's discretion. And further, for the record of Porter Derrette to be cleared of the charge in this case and for him to be reimbursed for the five days' pay lost as a result of this unjust, unreasonable and arbitrary action on the part of the Company.
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 employe involved in this dispute are respectively carrier and employe 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 date of July 26, 1945, the parties jointly addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.