NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
ATLANTIC COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL 5024) that:
1. The Carrier violated the agreement of July 16, 1956,
Memorandum Agreement dated February 6, 1958, and Vacation
Agreement of December 17, 1941, and the amendments and supplements thereto when it arbitrarily terminated the employment relationship of O. K. Pridgen, Sr., Clerk, denied his payment in lieu
of vacation earned and denied him of other privileges and benefits
afforded other employes normally unemployed due to sickness;
2. The Carrier shall now be required to restore claimant's
name to the seniority roster in its proper place with original seniority
date;
3. The Carrier shall now be required to allow claimant 15
days pay in lieu of the 1961 vacation earned by him having qualified
for same by performing the required number of compensated days
service in the year 1960;
4. The Carrier shall now be required to grant Mr. Pridgen
all pass privileges and/or other fringe benefits available to employes on leave of absence due to sickness; and
5. The Carrier shall now be required to compensate claimant
in lieu of any benefits he might have been entitled to beginning
July 15, 1960, and continuing until such time as the violation is
corrected.
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;
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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 complaint party; and
That hearing thereon has been held and concluded. Under dates of
November 5 and 7, 1962, the parties individually 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.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois this 19th day of December 1962.