PARTIES TO DISPUTE:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

CHICAGO, ROCK ISLAND AND PACIFIC

RAILROAD COMPANY


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


(1) That the Carrier violated the Agreement by holding out of service Section Laborer Donato Mesa, Des Moines Division during the period from November 4, 1947 to January 29, 1948;


(2) That Section Laborer Donato Mesa be reimbursed for all wages lost during the period referred to in Part 1 of this claim.


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 parte by complainant party; and


That hearing thereon has been held and concluded. Under dates of November 25, 1949, and November 28, 1949, the respective parties addressed formal communications 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 9th day of December, 1949.