PARTIES TO DISPUTE: (

NATIONAL, RAILROAD ADJUSTMENT BOARD
THIRD DIVISION

Award No. 39893
Docket No. MW-37658
08-3-NRAB-00003-020790
(02-3-790)

(Brotherhood of Maintenance of Way Employes

(BNSF Railway Company

STATEMENT OF CLAIM: As shown in Docket No. MW-37658 and not repeated herein.

FINDINGS: The Third Division of the Adjustment Board finds:

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

Under date of June 23, 2009, the petitioning party addressed a formal communication to the Arbitration Assistant requesting withdrawal of this case from further consideration by the Division which request is hereby granted.

AWARD

Claim withdrawn.

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Dated at Chicago, Illinois, this 31st day of July 2009.