Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11907
SECOND DIVISION Docket No. 11686-I
90-2-88-2-185
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Thomas A. Regan
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
The appropriate seniority of a protected employee when returning to
his original seniority district after previously being transferred out said
seniority district.
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.
The matter under review here has been submitted to the Board in the
form of a question. There is no specific remedy sought, no monetary compensation and/or damages claimed. Moreover, Claimant is a retired employee and
any correction of his seniority date, even if warranted by the facts of the
matter, which we do not decide, would be a meaningless act, since names and
seniority dates of retired employees are deleted and no longer appear on
seniority rosters. Accordingly, the matter is dismissed because it is moot.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: -
Nancy Nancy J. D er - Executive Secretary
Dated at Chicago, Illinois, this 1st day of August 1990.