(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the St. Louis-San Francisco Railway Company:

 In behalf of Signal Maintainer H. R. Hendrix, New Albany, Mississippi, for vacation pay of five (5) days, November 21 through 25, 1977, as assigned by vacation bulletin, and eight (8) hours for holiday pay for November 24, 1977 -- this to be paid at the straight time rate of pay." LCarrier file: D-9570/

 OPINION OF BOARD: The factual situation in this case is reasonably clear.
 Claimant was scheduled to take one (1) week of his annual vacation -from November 21 to and including November 25, 1977. On November 18, 1977, following a disciplinary investigation, claimant was required to serve a ten (10) day disciplinary suspension which embraced the period November 18 to December 5, 1977.

 As a consequence of the disciplinary suspension, claimant's vacation period (November 21 to 25) was deferred and granted to him from December 12 to December 16, 1977.

 The gist of this dispute is that claimant alleges that he is entitled to payment at the straight time rate for the period "November 21 through 25, 1977, as assigned by vacation bulletin, and eight (8) hours for holiday pay for November 24, 1977 * * *."

 We are advised by petitioner that the disciplinary suspension which precipitated this dispute was appealed and progressed to this Board for adjudication. We have taken judicial notice of Award No. 22597 of this Division which resolved the disciplinary suspension dispute in favor of the claimant and we see that the Statement of Claim in Award No. 22597 asked for:



        "November 24, 1977 at straight time rate, plus all overtime which was performed on his assigned overtime rate, between 4:00 p.m. November 18, 1977, and 8:00 a. m. December 5, 1977."


        The decision in Award No. 22597 was simply "Claim sustained".


It appears, therefore, that the instant dispute is moot. We have no alternative but to dismiss it.

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


        That the parties waived oral hearing;


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;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the dispute is moot.


                      A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 11th day of January 1980.