Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13418
Docket No. 13281
99-2-97-2-53
The Second Division consisted
of
the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood Railway Carmen, Division
of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
"Claim
of
the Committee
of
the Union that:
i. The National Railroad Passenger Corporation violated Rule 23
of
the controlling agreement between the parties when it dismissed
Carman Steven Jennings on December 4, 1995. This dismissal was
arbitrary, capricious and an abuse
of
power.
2. That the National Railroad Passenger Corporation violated the time
limits under Rule 23 by not charging the claimant within the 30
days
of
the occurrence or when management first had knowledge
of
the event. That the Director
of
Labor Relations also violated time
limits by failing to schedule a conference to discuss Mr. Jennings
termination within the 30 day time limit as specified by Rule 23
of
the contract.
3. That the NRPC be ordered to put the Claimant S. Jennings
promptly back to work with backpay, all time lost, that due to
hardship NRPC placed upon him and his family, he be paid for all
benefits Health and Welfare as
if
he was never terminated, until he
is returned to work."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 13418
Page 2 Docket No. 13281
99-2-97-2-53
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.
The instant claim challenges Claimant's dismissal. The record discloses that
Carrier also dismissed Claimant two months prior to the instant case for a similar
offense. A claim was filed over the earlier dismissal and progressed to Public Law
Board No. 5808. In Award 26, the Board denied the claim and upheld Claimant's
dismissal.
In light of the Award from Public Law Board No. 5808, there is no relief that this
Board could order, even if it agreed with the instant claim. Accordingly, the instant
claim must be dismissed as moot.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 16th day of June 1999.