NATIONAL RAILROAD ADJUSTMENT BOAAM
THIRD DIVISION Docket Number SG-22152
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
( (Former Erie Lackawanna Railway Company)
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the former Erie Lackawanna
Railway Company;
On behalf of A. L. Caruso account his name deleted from the
1974 Susquehanna Division roster, for restoration of his name on the
1974 roster and
compensation for
all wages lost and overtime if a
junior employee is called back to work ahead of Mr. Caruso."
jGeneral Chairman file: #503-A. L. Caruso. Carrier file: 222-Sig/
OPINION OF BOARD: This claim is based an an alleged violation of
the Agreement by Carrier in failing to maintain
Claimant's name on the Susquehanna Division Signal Department Roster.
We have been presented with Award 22136 rendered in Docket
Number NS-22057 between the Carrier and the same claimant. The case
resolved by Award 22136 is the identical case presented to this
Board under this docket number. The Award 22136 renders the matter
res judicata and not subject to rehearing before this Board. We
will dismiss the claim.
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
Aware°~er ??406 Page 2
Dc,, _tez, cumber SG-22152
That the claim be c;.smi»~a.
A id A R D
Claim dismissed.
RAILROAD ADJUSTMENT BOARD
3y Order of Third Division
ATTEST:
alW'
Executive Secretary
Dated at Chicago, Illinois, this ~=day of
May 1979.
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