Award No. 9010 Docket No. MW-8961 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

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

(1) The Carrier violated the Agreement when it refused to allow Extra Gang Laborer Jose Avina a paid vacation during the calendar year of 1955;

(2) Extra Gang Laborer Jose Avian now be allowed eighty (80) hours' vacation pay (10 days at straight time rate) and, in addition thereto, be paid the difference between what he was paid at the straight time rate and what he should have been paid at the time and one-half rate for all time worked by Claimant Avian from July 18 to 29, 1955, both dates inclusive, which was the period scheduled for the claimant's 1955 vacation.

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 Carrier and 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 the complainant party; and

That hearing thereon has been held and concluded. Under date of September 23, 1959, the parties jointly advised the Acting Secretary of the Third Division of their desire to withdraw this case from further consideration by the Division, which request is hereby granted.

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