**REVISED**
Form I NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13536
Docket No. 13301.
00-2-97-2-741
The Second Division consisted of the regular members and in addition Referee
Edward L. Suntrup when award was rendered.
(international Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(Union Pacific Railroad (former Missouri Pacific
( Railroad Company)
STATEMENT OF CLAIM:
"1. That the appeal procedures of the Time Limit Rule, Rule 31 of the
Agreement effective June 1, 1960, and not the appeals procedures
of the parties' Special Agreement dated August 12,1996 pertaining
to disciple appeals, governs an appeal wherein the issue is estoppel.
2. That the claim on behalf of G. J. Morgan has not been properly
appealed within the provisions of Rule 31 and therefore a final
order shall be issued by the Second Division, NRAB, dismissing the
claim from further consideration."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
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, ass
approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Form 1 Award No. 13536
Page 2 Docket No. 13301
00-2-97-2-74
Parties to said dispute were given due notice of hearing thereon.
After reviewing the full record on Docket No. 13301, as well as that of NRAB
Docket No. 13308 which is also before it, the NRAB rules that its conclusions on merits
in Docket No. 13308 are equally applicable here to the instant case which deals with
procedural matters. Those conclusions in Second Division Award 13535 are cited here
by reference.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 27th day of July, 2000.