NATIONAL RAILROAD AWUS24ENT BOARD
THIRD DIVISION
Rodney E. Dennis.. Referee
PARTIES TO DISPUTE:
Award Number
23557 -
Docket Number
CL-23787
(Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employee
(The Pittsburgh and Lake Erie Railroad Company
STATEK:NT OF CLAIM: Claim of the System Committee of the Brotherhood
(aL-9298)
that:
(a) The Carrier violated the Rules Agreement, effective
September 1,
1946,
particularly Rule
20,
when it assessed
discipline of five days' deferred suspension on the following Clerks November
16, 1978:
Go A. Evans
So Go Owens
Do Schutz
G. D. Wittman
Do Go Wey, etc*
OPINION CF BOARD: The five Claimants in this case were assessed a five-day
deferred suspension for their involvement in a disturbance
that took place in Carrier's annex building in Pittsburgh,
Pennsylvania,
at
5:15
e.m. on October
28, 1978.
The Organization filed a grievance for each of the five men, elalming
failure of Carrier to grant a fair and impartial investigation, failure of Qsr^ier to issue prec
goof.
This Board hoe reviewed the record of this case and finds that the
lapse of time between the date of discipline (November
16, 1978)
sad the date
of this award (March 10.,
1982)
has rendered this case moat and the deferred
suspension harmless. Carrier, by its own admission in the record, has stated
that since more than 12 months have transpired, the penalties will never be
imposed and the case Is moot.
This Hoard sees no reason to go into the merits of a moot issue.
FINDINGS: The Third Division of the Adjust meat Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Fnployes involved in this dispute
are respectively (terrier and Employee 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
Avard Number
23557
Page
2
Docker Number
CL-2378'T
That the issue 38 moot.
A W A R D
C7sim dismissed.
NATIONAL RAILROAD ADJUSWENT HOARD
By Order of Third Division
ATTEST., Acting Executive Secretary
National Railroad Adjustment Board
By, ie Breach - etrat ve esistant
Dated at Chicsgoj, Illinois, this 10th day of march 1982·
/ ~C E I \' E D~.
,'/
:~
i
~,c'2 1 ~:, %
.1`~' .is
~CS'cooo CHce'd, % .