NATIONAL RAIIROAD ADJUSTMENT BOARD
- THIRD DIVISION Docket Number MS-24015
Joseph A. .Sickles, Referee
PARTIES TO DISPUTE:
National Railroad Passenger Corporation
STATEMENT OF CLAIM: "Claim (NEC-BRS-SD-1+4) by the undersigned, protesting
Amtrak's 19'j9 Seniority District 3 Roster for the Communication
and Signal Department. Claim states that the name M. T. Biddle should not appear
on aforementioned Roster."
OPINION OF BOARD: In this dispute, as individual is protesting the standing of
another individual an Seniority District No. 3 Roster.
In our review of the entire transcript we have noted that throughout
all aspects of the case sad through and including handling to the highest
designated Carrier official, the Organization sad the Carrier have been is full
agreement that the Claimant's contention was without merit. In fact, on April
10 of 1980 the Director-Labor Relations advised the Organization that at one
point is time the "other individual" was inadvertently not included on the
appropriate seniority list and the parties jointly agreed to place that Employe on
the appropriate roster.
All individuals concerned have received appropriate notifications
throughout all phases of this matter and we find no basis for disturbing the
inclusion of the other individual's name on the roster. It may very well be
that this Claimant does not agree with either the Organization or the Carrier, but
that is hardly a basis for sustaining the claim. See for example the Decision
in Third Division Award No. 22304.
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 Employee involved in this 3'ispute are
respectively Carrier and Employee within the meaning of the Railway Labor Act,
as approved June 21, 193+;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; sad
That the Agreement was not violated.
A W A R D
Claim denied.
Award Number 2409T Page 2
Docket Number MS-24015
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
J, Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of January
1983·
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GE\VED
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