NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC

RAILROAD COMPANY

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

Carrier violated the understanding and practice whereby employes who perform one day's service for the Carrier in a year in which they return from military service, would be considered as having performed the necessary number of days in that year, thereby qualifying for vacation the following year, which has been in effect on the property since 1945.

Carrier shall therefore compensate Employe R. F. Sullivan in lieu of vacation for the year 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 carrier and employe 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 parte by the complainant party; and

That hearing thereon has been held and concluded. Under date of January 25, 1960, the parties jointly advised the Secretary of the Third Division of their desire to withdraw this case from further consideration by the Division, which request is hereby granted.

(5247