Award No. 4404 Docket No. PC-4627

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE PULLMAN COMPANY

STATEMENT OF CLAIM: * * * claim of the Order of Railway Conductors, Pullman System, in which we contend that The Pullman Company violated Rule 38 of the Agreement between The Pullman Company and its conductors, when

1. Under date of November 25, 1947, and there was a known assign-

ment on Train PER, No. 147 New York to Washington, the

Pennsylvania Terminal District failed to assign Conductor W. I3.

Foth, who was entitled to this assignment under the rules of the

Agreement.

2. We now ask that because of this violation Conductor Poth be credited and paid for the trip that was denied him.

FINDINGS: The Third Division of the Adjustment Board finds:

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

That no hearing thereon has been held, and under date of May 20, 1949 the complainant party addressed a formal communication to the Acting Secretary of the Third Division withdrawing this case, which request is hereby granted.

AWARD