Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37733
Docket No. CL-37289
06-3-02-3-302

The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.

(Transportation Communications International Union PARTIES TO DISPUTE:


STATEMENT OF CLAIM:





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1, 2001, which the would have received had he been allowed to
perform the above mentioned work.








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position or if none are available, the senior qualified available
regularly assigned clerical employee, eight (8) hours pay at the
punitive rate of the General Foreman position or the rate of his
regular assigned position, whichever is higher, for Thursday,
June 21, 2001, which he would have received had he been
allowed to perform the above mentioned work.





FINDINGS:

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.
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This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



Subsequent to the hearing concerning these claims, the parties notified the Board that they had mutuallly agreed to withdraw the instant claims. Accordingly, without comment upon the merits, the Board finds that the above-cited claims must be dismissed as moot.







This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.

                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


Dated at Chicago, Illinois, this 23rd day of February 2006.