STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employees Local 849 on the property of the Chicago, Rock Island and Pacific Railroad Company, for and on behalf of J. C. Evans; all employes set out in original claim filed with Carrier under date of October 7, 1958, and all other employes similarly situated, that Carrier be required to pay claimants for all time consumed deadheading between Kansas City and Minneapolis while assigned to Trains 507 and 508 account of Carrier's failure to relieve claimants from duty at Kansas City in violation of Agreement dated July 6, 1949.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the 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 the dispute was certified to the Third Division of the Adjustment Board ex parts by the complainant party; and
That hearing was waived and under date of March 31, 1961, the complainant party addressed a formal communication to the Secretary of the Third Division, concurred in by the Respondent, requesting withdrawal of this case, which request is hereby granted.