Award No. 11258 Docket No. MW-11768 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The Carrier's action in removing Mr. T. Q. Browne's name from the May 1, 1959 St. Louis Terminal Division Crossing Watchman's seniority roster was improper and in violation of the effective Agreement.

(2) Mr. T. Q. Browne now be reinstated to service with all rights unimpaired and his name restored to the May 1, 1959 Crossing Watchman's seniority roster and all subsequent rosters, account of the violation referred to in Part (1) of this claim.

OPINION OF BOARD: In view of the facts and circumstances in this particular case, and without construing the rules of Agreement relied upon by the parties as might apply to any other case, this claim will be and is hereby denied.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employe involved in this dispute are respectively Carrier and Employe within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That claim should be denied in accordance with Opinion.

AWARD