Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12002
SECOND DIVISION Docket No. 11771
91-2-89-2-63
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That in violation of the controlling Agreement, Electrician Mike
Crouch of Alliance, Nebraska was unjustly harassed to the point where his
health was affected by a Carrier Supervisor on September 6, 1987.
2. That the Carrier failed to correct the matter, thus compounding
the problem.
3. That accordingly, the Carrier be instructed to correct the problem created by Supervisor Dan Agler, rather than diminishing the problem by
pretending it does not exist.
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.
On October 12, 1987, the Organization submitted a grievance relating
to a disagreement between Claimant and an Assistant Foreman. This grievance
was the subject of a conference attended by all parties involved. The conference concluded with an understanding that matter was considered settled and
closed. This understanding was memorialized in a letter from Carrier's Chief
Mechanical Officer to the Organization's Local Chairman dated December 1,
1987. On January 11, 1988, the October 12, 1987, grievance was appealed to
Carrier's Highest Designated Officer, with subsequent appeal to this Board.
Examination of the record submitted to this Board develops that the
matter is moot, having been settled at the on the property conference between
Carrier and the Organization, with Claimant and the Assistant General Foreman
in attendance. Accordingly, there is no matter before this Board on which an
Award can be made.
Form 1 Award No. 12002
Page 2 Docket No. 11771
91-2-89-2-63
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J-
-yo;i-
Executive Secretary
Dated at Chicago, Illinois, this 20th day of February 1991.