Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10890
SECOND DIVISION Docket No. 10741--I
2-NRPC-I-F&0-'86
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
( Mr. Hugh Washington, Jr.
Parties to Dispute:
( National Railroad Passenger Corporation (AMTRAK)
Dispute: Claim of Employes:
The Carrier improperly changed Mr. Hugh Washington, Jr.'s
seniority on the AMTRAK New Haven Shops, Firemen and
Oilers Group B (formerly Group C) seniority roster from
April 18, 1969 to May 21, 1979.
The Carrier shall now be required to restore Mr. Washington
to his appropriate position on the Group B seniority roster
and compensate him for all monies lost as the result of any
displacements by which be was adversely affected.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes 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 waived right of appearance at hearing thereon.
This Claim came about after the Claimant contended that he had a seniority date of May 18, 1979, rather than June 21, 1979, and that the correct seniority date of the person who displaced him was July 13, 1979. Accordingly,
he contends that he was improperly displaced.
Form 1 Award No. 10890
Page 2 Docket No. 10741-I
2-NRPC-I-F&0-'86
The Board has thoroughly reviewed the record and considered the contentions advanced by the Claimant. The evidence shows that the Carrier and the
duly authorized Representative of the Claimant agreed that the Claimant's correct seniority date on the Group C Roster was June 21, 1979. Under the circumstances, we follow a long line of decisions that have held that when the duly
authorized Representatives of the Claimant and the Carrier reach Agreements on
matters of fact, as herein, subsequent Claims to the contrary must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. e - Executive Secretary
Per
Dated at Chicago, Illinois this 25th day of June 1986.