THIRD DIVISION

Mart J. O'Malley, Referee


PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of R. K. Dearborn, Signal Maintainer, Manchester, N. H., for compensation for a minimum call, two hours and forty minutes, at time and one-half his regular rate of 97 cents per hour on December 20 1942, and January 10, 1943, respectively, account of not being called to perform work outside of his regular hours on his assigned territory as required by Section 11, Article 2 of agreement rules.


FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:



That the carrier and the employee involved in this dispute are respectively carrier and employee 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 berein;


That the dispute was certified to the Third Division of the Adjustment Board jointly by complainant parties; and


That this dispute was handled in the usual manner and deadlocked. The dispute was certified to the Mediation Board which appointed Mart J. O'Malley as referee to sit with the Division and make an award. The referee wrote a proposed award, but before it was acted upon the parties jointly notified the Division on April 17 1946, of their desire to withdraw the case, which request is hereby granted.








ATTEST: H. A. Johnson
Secretary

Dated at Chicago, Illinois, this 24th day of April, 1946.