NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TE-19863
Frederick R, Blackwell, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
( (Former Transportation Communication Division, BRAG)
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
( (Involving employees on lines formerly operated by the
( Wabash Railroad Company)
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com
munication Division, BRAC, on the Norfolk & Western Railway
Company (Wabash), TC-5366, that:
Disqualifying T. H. Grider for all future Agency work is a violation
of his rights as an employe and of the Agreement he was working under, also.unreasonable and without
Carrier shall remove this restriction with respect to claimant's future
work, and shall compensate him for any wages lost by him due to these restrictions,
beginning November 26, 1971, and shall pay eight per cent per annum on all amounts
,accruing and withheld because of this violation.
OPINION OF BOARD: Claimant, an Extra Board Employee, was assigned to fill a vaca
tion vacancy of the position of agent at Streator, Illinois,
from September 4 to October 12, 1971. As a result of a station check on October 1,
1971, claimant was given a tearing and under date of November 26, 1971, he was ad
vised that he was disqualified from working any agency position because of his
"failure to maintain records in a satisfactory condition while working as Relief
Agent at Streator, Illinois."
Eleven days later claimant was dismissed from service for violation of
safety rules. This dismissal was upheld in recent Award 19560 (Lieberman) and,
thus, an Award sustaining the claim in the instant dispute would be limited to an
eleven day period.
From our study of the investigation of claimant's work at Streator, Illinois, we must conclude t
unsati~tactory record keeping and there is no question that the record supports
a suspension for the eleven day period involved herein. As to the time beyond the
eleven day period, prior Awards make it clear that the case is moot. In Award
1=177 (Daly) this Board said:
~ .;', a~A.
Award Number 19661 Page 2
Docket Number TE-19863
"This Board, in Award 9571, held that Claimant
forfeited his seniority as of August 21, 1954 under Rule
17(f) for failure to exercise his seniority to any other
position within the five-day period therein provided. Consequently, the questions raised here, i.e.,
entitled to pa,..-.,=nt in lieu of vacation he would have received in 1955 end that his name shou
1956 seniority -oster, are now moot. Claim will be
dismissed." (e,phasis supplied)
And in Awards 1=306 and 14807 (without Referee), we ruled that a final
dismissal moots a collateral case of the same claimant. In those Awards we said:
"Inasmuch as the Carrier's action of dismissing Claimant
McBride in a subsequent disciplinary proceeding was sustained
by this Board is Award 14248 the issue in the present case
has become moot. Accordingly, the claim will be dismissed "
(emphasis suppl_ed)
For the foregoing reasons we shall dismiss the claim,
Fi?:Di\CS: 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,
a.^. approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Aggreer=_nt was not violated.
A I·1 A R D
Claim denied for period November 26 to December 7, 1971; Claim dismissed for period Decem
NATIO\4L RAILROAD ADJIiST:iENT BOARD
By Order of Third Division
ATTEST: "Isecutive Secre=ary
Dated at Chicago, Illinois, this 23rd day of March 1973 .
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