Award No. 9384 Docket No. CL-11580

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

SOUTHERN PACIFIC LINES IN TEXAS AND LOUISIANA

(Texas and New Orleans Railroad Company)

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

(a) The Carrier arbitrarily, wholly without cause and in violation of the Agreement removed J. F. Winter from Service January 30, 1969, and

(b) J. F. Winter be restored to service with full seniority rights unimpaired, without impairment to his vacation and other employe rights, and with payment for all wage losses sustained on and after January 30, 1959, until reinstated to service.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the Carrier and the 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 thedispute 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 was waived by the parties and under date of April 14, 1960, the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.

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