Mr. J. H. Magee, Division Engineer Illinois Central Railroad 135 East 11th Place Chicago 5, Illinois

Dear .Sir:

Claim is presented as follows:

STATEMENT OF CLAIM:

The claim was then appealed to the Manager of Personnel, the highest Carrier officer authorized to handle it, by letter dated July 9, 1959. (See Carrier's Exhibit G.) The claim was declined by letter dated September 2, 1959. (.See Carrier's Exhibit H.)

The agreement between the two parties to this dispute dated September 1, 1934, as amended, is by reference made a part of this dispute.

(Exhibits not reproduced.)

OPINION OF BOARD: The dispute involves the question of whether an adequate reason for denial of a claim under the provisions of Article V of the August 21, 1954 Agreement was given by Carrier's Division Engineer and Superintendent in response to claim filed by the Organization.

The same or similar question arising under the same Agreement and involving the same parties has been before this Board on previous occasions and a decision on this question was rendered in Awards 11208 (Coburn); 11441 (Dolndck); 11887 (Christian); and 12298 (Wolf). A further discussion here would be repetitious.

We find no substantial difference between these previous claims and the question involved in the instant claim. Therefore, we hold that the Agreement was not violated.

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 Employes involved in this dispute are respectively Carrier and Employes 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 the Agreement was not violated.

AWARD