NATIONAL RAILROAD ALUUSTMEPT BOARD

Award Number 23048

THIRD DI7ISION Docket Number CL-2290$

George S. Roukis, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,

( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE:

(Chicago, Milwaukee, St. Paul and Pacific Railroad Company

STAT04ENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8T57) that: . .

1) Carrier violated, and continues to violate the Clerks' Rules Agreement at Seattle, Washington commencing on July 20, 19Tr when it failed to assign Position No. 89760 to employe Terry W. Cook.

2) Carrier shall be required to recognize Terry W. Cook's seniority, promotion and displacement rights, assign him to Position 89760 and compensate him for an additional day's pay at the appropriate rate far each work day he is denied his contractual rights to that position.

3) Carrier shall pay employe Cook interest at the rata of 7j% compounded annually on the anniversary date of this claim on the amount due in Item 2 above.

OPINION OF BOARD: The claim herein is identical to the claim raised
in a companion case, designated as Award No. 23047 and involving the same parties, although, a different Claimant is named is this petition. Since our decision in Award No. 23047 by definition and application moots this claim, we will dismiss it.

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 Employee involved in this dispute are respectively Carrier and Employes within the meaning of the Railway labor Act, as approved June 21, 1934;

Award Number 23048 page 2

Docket Number CL-22908

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

That the Agreement was not violated.

A W A R D

Claim dismissed.

NATIONAL RAILROAD AWi)STMENT BOARD

By Order of Third Division

ATTEST: Aa /a.

Dated at Chicago, Illinois$ this 14th day of November 1980.