NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12617
Docket No. 12554
93-2-92-2-92
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(International Brotherhood of Electrical
(Workers
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"1. That the Union Pacific Railroad Company violated
the current agreement and in particular Rule 37,
when Electrician Gerald Strachan, was unjustly
dismissed from service on the date of April 22,
1991, at Los Angeles, California.
2. That accordingly, the Union Pacific Railroad
Company be ordered to compensate Electrician Gerald
Strachan as follows:
a. Compensated for all lost time including
all overtime at the prime rate of
interest.
b. Returned to service with all seniority
rights unimpaired.
c. Made whole for all vacation rights.
d. Made whole for all health, welfare and
insurance benefits.
e. Made whole for pension benefits,
including railroad retirement and
unemployment insurance.
f. Made whole for any and all other benefits
that he would have earned during the time
withheld from service."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
Form 1 Award No. 1263.7
Page 2 Docket No. 12554
93-2-92-2-92
The carrier or carriers and the employe or employes involved
in this dispute are respectively carrier and employe 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 Claim involved in this Docket is an exact duplication, in
all respects, of the Claim involved in Second Division Award 12615.
Therefore, the claim must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Catherine Loughrin
U
Interim Secretary to the Board
Dated at Chicago, Illinois, this 17th day of November 1993.