NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Melvin L. Rosenbloom, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of
the Brotherhood (GL-6729) that:
1) Carrier's action in dismissing employe C. G. Esposito for her
failure to notify her supervising officer that she would be detained
from work on October 20, 1968 in violation of the provisions of Rule
25(a) of the Clerks' Agreement was unjust, capricious, arbitrary and
without just cause.
2) Carrier shall be required to reinstate employe C. G. Esposito
to service with seniority and all other rights unimpaired and compensate her for all losses sustained until she is returned to service.
OPINION OF BOARD: The record indicates that the claim presented to
this Board was disposed of on the property on a leniency basis. Consequently,
the claim before us is moot, and will therefore be dismissed.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all
the evidence, finds and holds:
That the parties waived oral hearing;
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 claim is moot.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive
Secretary
Dated at Chicago, Illinois, this 12th day of March 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.