Award No. 8742 Docket No. MW-10257

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE BALTIMORE AND OHIO RAILROAD COMPANY

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

(1) The demotion of Section Foreman R. A. Dwire on the basis of unsustained and unsupported charges of responsibility for the derailment of one car was arbitrary, without just and sufficient cause, and in violation of the agreement.

(2) Claimant R. A. Dwire be restored and reinstated to his former position as section foreman on Section 32 with seniority unimpaired and that he be paid the difference between what he earned as a trackman and what he would have earned as a foreman.

FINDINGS: The Third Division of the Adjustment Board finds:

That the dispute was certified to the Third Division of the Adjustment Board jointly by the parties;

That Carrier and 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 no hearing thereon has been held, and under date of February 20, 1959, 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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