NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

MISSOURI PACIFIC RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

1. Carrier violated the Clerks' Agreement when it failed and refused and continued to refuse to allow Diesel Clerk A. A. Friedman, Kansas City, Missouri, an additional five days' vacation in the year 1957, in accordance with the provisions of Article I, Section 1 (g) of the Chicago Agreement dated August 21, 1954;

2. The Carrier shall be required to pay Clerk Friedman for five days' vacation not granted in the year 1957, at the punitive rate of $25.41 per day, amount $127.05, in lieu of the five additional days' vacation it refused to grant him in the year 1957, account Carrier's failure to properly apply the Agreement.

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

That both parties to this dispute waived oral hearing thereon;

That the Carrier and the Employe involved in this dispute are respectively carrier and employe 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 by Ex Parte Submission; and

That under date of May 19, 1958, 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.

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