NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22909
George S. Roukis, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE;
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8758)
that;
1) Carrier violated, and continues to violate, the Clerks' Rules
Agreement at Seattle, Washington commencing on July 20, 1977 when it failed
to assign Position No. 89760 to employe M. D. Jones.
2) Carrier shall be required to recognize Marvin D. Jones' seniority,
promotion and displacement rights, assign him to Position No. 89760, and compensate him for an addit
he is denied his contractual rights to that position.
3) Carrier shall pay employe Jones interest at the rate of 7W. compounded annually on the anniversar
Item 2 above.
OPINION OF BOARD; The claim herein is identical to the claim raised in a
companion case, designated as Award No, 23047 amd
involving the same parties, although a different Claimant is named is this
petition. Since our decision in Award No,~23047 by definition aid- -
application moots this claim, we
will
dismiss it.
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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 Agreement was not violated.
Award Number 23049
Docket Number CL-22909 Page 2
A W A R D
NATIONAL RAILROAD ADJUSTIENT BOARD
By Order of Third
Division
ATTEST; i
Executive Secretary
Dated at Chicago,
Illinois,
this 14th day of November 1980.