PARTIES TO DISPUTE:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES



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

(1) That J. I. Zaner should have been awards a position of B&B foreman, Gang No. 4, Moberly Division, on August 5, 1946;


(2) 'That J. I. Zaner be paid the difference between what he received as a B&B carpenter and what he would have received had he been properly assigned by the Carrier as B&B foreman, Gang No. 4, from August 6, 1946.


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 'the dispute was certified to the Third Division of the Adjustment Board ex parte by complainant party; and


That ]hearing thereon has been held but not concluded. Under date of August 6, 1947 the complainant party addressed a formal communication to the secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.