The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

Rule 54(c) of the parties' agreement provides that employees who "enter business or engage in other employment while on leave of absence will forfeit their seniority" unless special arrangements are made between Carrier and Organization representatives.

The record evidence establishes that the Claimant was dismissed from the Carrier's service on September 16, 1991. While his appeal of this dismissal was pending before Special Board of Adjustment No. 924, the Claimant obtained employment with a company known as the "Nebraska Central Railroad." Special Board of Adjustment No. 924 reinstated the Claimant as a Trackman by decision dated January 27, 1994. The Claimant had requested a leave of absence shortly after his being reinstated due to a medical condition. The leave of absence was approved by the Carrier. and shortly thereafter the Carrier determined that he was employed I)v the Nebraska Central Railroad. As a result the Carrier terminated the Claimant's semoritv.

The Organization claims that the Claimant was not in technical violation of Rule 54(c), as the Claimant did not "enter business or engage in other employment while on leave of absence:" as he had been employed by the Nebraska Central prior to his requesting a leave of absence.

The Organization is essentially correct, and thus there is sufficient reason to sustain the claim. However, as it has not been established that the Claimant at anv time subsequent to his May 4, 1994 requested medical leave of absence, which medical leave was granted on May 16, 1994, was ever medically qualified to return to his

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