Award No. 9671 Docket No. TE-11971 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD TELEGRAPHERS

SOUTHERN PACIFIC COMPANY (Pacific Lines)

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Pacific Company (Pacific Lines) that:

1. The Carrier acted unjustly when it dismissed Telegrapher D. A. Giles from the service of the Southern Pacific.

2. The Carrier shall reinstate Telegrapher Giles to the position from which improperly removed, with all rights unimpaired, with pay for wage loss sustained by him by reason of the Carrier's improper act.

FINDINGS: The Third Division of the Adjustment Board finds:

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

That hearing was waived, and under dates of November S, 1960 and November 17, 1960 the respective parties 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.

AWARD