Award No. 8437 Docket No. CL-10066

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

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

(1) The Carrier violated the terms of the currently effective Agreement between the parties when on or about June 21, 1955 it suspended H. T. Webbb, Breaker at Ft. Worth, Texas, from service without cause and without investigation, and further, refused to grant him leave of absence account physical disability after he was reinstated October 31, 1956.

(2) Mr. H. T. Webb shall now be compensated at the rate of the Breaker position at Ft. Worth, Texas for all time lost January 15, 1956 to August 24, 1956, except May 7 to June 17, 1956, when he was not available due to illness.

(3) Mr. Webb now be continued in service on leave of absence account physical disability,

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 carrier and employe involved in this dispute are respectively carrier and employe 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 the complainant party; and

That hearing thereon has been held and concluded. Under date of July 30, 1958, the parties jointly advised the Secretary of the Third Division of their desire to withdraw this case from further consideration by the Division, which request is hereby granted,

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