The Third Division consisted of the regular members and in addition Referee Sinclair Kossoff when award was rendered.
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.
This Division off the Adjustment Board has jurisdiction over the dispute involved herein.
On July 16, 2002, the Claimant herein applied for and was granted a medical leave of absence for a back condition. By letter dated June 27, 2003, the Carrier terminated the Claimant's employment and his health and dental insurance for failing to return to work upon the expiration of his approved leave of absence. On August 7, 2003, the Organization submitted a claim on behalf of the Claimant alleging a violation of Rule 22, Leave of Absence, of the parties' Agreement.
While this case was pending before the Board, the parties voluntarily entered into a settlement agreement resolving the dispute. In accordance with the terms of the settlement, this case is dismissed.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.