PARTIES TO DISPUTE:







STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on The Delaware, Lackawanna and Western Railroad Company that V. R. Reynolds, regularly assigned Clerk-Operator, Norwich, New York, assigned hours 3:00 P. M. to 11:00 P. M., shall be paid what he would have earned on his position January 23, 1947, plus expense of $2.50, when and because the Carrier required him to vacate said position on this date and submit to a physical check-up at the Moses Taylor Hospital (Company Hospital), Scranton, Pennsylvania.


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;


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


That hearing thereon has been held and concluded. Under date of June 3, 1949, the parties jointly addressed a formal communication to the Acting Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.








ATTEST: A. I. Tummon
Acting Secretary

Dated at Chicago, Illinois, this 17th day of June, 1949.
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