Award No. 7668 Docket No. CL-7894 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, that the Carrier violated the Clerk's Agreement.

(1) When without conference or agreement with the Clerks'

Committee, it unilaterally and arbitrarily discontinued allowing em.

ployes returning from military service vacation in accordance with

agreement dated May 5, 1945, attached as Employes' Exhibit No. 3.

(2) Employe Leo S. Sobeski entered service of the Carrier April

15, 1.950. He entered military service July 31, 1951. He returned to Carrier's service from military service August 16, 1954. Carrier refused to apply the May 5, 1945 agreement and allow Leo S. Sobeski vacation for year 1955.

(3) Carrier should now allow Leo S. Sobeski and all other em-

ployes so situated a vacation or payment in lieu thereof for the year of 1955.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:

That the Carrier and the 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 complainant party; and

That hearing thereon has been held and concluded. Under date of January 25, 1957, the parties jointly addressed a formal communication to the Secretary of the Third Division, requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.

AWARD

Case dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: A. Ivan Trunnion

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