NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

ILLINOIS CENTRAL RAILROAD COMPANY

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

(a) The Carrier violated the Clerks' Agreement and the National Vacation Agreement at the Johnston Car Shop, Memphis, Tennessee, when on July 14, 1956, it cancelled the scheduled vacation of Clerk C. W. Doyle, and subsequently by unilateral action required him to take vacation at a time designated by the Carrier.

(b) C. W. Doyle be compensated for wage losses sustained representing $8.27 per day on July 16, 17, 18, 19, 20, 22, 23, 24, 25 and 26, 1956, which is the difference between what was paid at the pro rata rate for work performed and what he should have paid at the penalty rate. (Pro rata of position $16.55 per day.)

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 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 ex parts by the complainant party; and

That hearing thereon has been held and concluded. Under date of August 27, 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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