PARTIES TO DISPUTE. L gin, Joliet and Eastern Railway Company

1. Carrier violated the effective Clerks' Agreement when, on July 21, 1981, it removed Clerk Barbara Dommer from service without just cause;

 2. Carrier shall now return Ms. Dommer to service and shall compensate her for all time lost commencing with July 21, 1982, and continuing until she is returned to service. Dates and amounts to be determined by a joint check of Carrier records.

 OPINION OF BOARD: The dispute herein involves the same parties, the same
 Claimant, and basically the same issues as involved in our
 recent Award No. 24196. In the prior case the Carrier denied the Claimant a
 janitor position, which position involved the operation of Company vehicles,
 because she was under medical restriction, based on visual deficiency, against
 driving a Company vehicle. In our present dispute the Claimant was removed from
 the extra board at Gary, Indiana for the same reason, visual deficiency and
 Carrier's restriction against her operating Company vehicles. -

 In Award 24196 the Board found that Carrier had failed to establish reasonable justification for the disqualification of Claimant on the basis of her visual deficiency. We have carefully reviewed Award No. 24196. We find it well reasoned and not in palpable error.- The Carrier has submitted some of the correspondence in the janitor position dispute as part of its submission in the present dispute; thus indicating that it considers the disputes similar.

 For the reasons outlined in Award No. 24196, the claim that the Agreement was violated !n our present dispute will be sustained as the Carrier's prohibition against Claimant operating Company vehicles was disposed of in that Award. This referee will not be a party to conflicting awards in disputes between the same parties, involving the same Claimant, and the came basic contentions of the parties.

 As to the remedy for the violation, the Carrier states, and it has not been refuted, that because of force reduction, since November 3, 1981, Claimant has not possessed sufficient seniority to be returned to service even had she not been prohibited from operating Company vehicles. We will award that Claimant be paid the difference between what she would have earned from July 21, 1981, to November 3, 1981, had the prohibition against operating Company vehicles not been imposed, and what she may have earned from the Carrier or other employment during that period.
                      Docket Number CL-246o7


FINDINGS: The Third Division of the Adjustment Boari, 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 violated.


                      A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAIIROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
        National Railroad Adjustment Board


By
        Rosemarie Breach - Administrative Assistant


Dated at Chicago, Illinois, this 14th day of April 1983.

                                      ~~CEIVEp


                                      JUtj 28 i983


                                    Chi; oo,qo Office.6~


                                1

                                                Serial No. 314


                NATIONAL RAILROAD ALIjUSTMENT BOARD


                  ' THIRD DIVISION


              INTERPRETATION NO. 1 TO AWARD NO. 24297


                      DOCKET N0. CL-24607


NAME OF ORGANIZATION: Brotherhood of Railway, Airline and Steamship Clerks,
 Freight Handlers, Express and Station Employes
NAME OF CARRIER: Elgin, Joliet and Eastern Railway Company
upon application of the representatives of the Employes involved in the above Award, that this Division interpret the same in light of the dispute between the parties as to the meaning and application, as provided for in Section 3, First (m) of the Railway Labor Act, as approved June 21, 1934, the following interpretation is made.
The Organizations notice to file an ex parte submission in the dispute covered by Award No. 24297 was dated June 8, 1982. Award No. 24297 was based upon the record before the Board at the time the award was made, April 14, 1983. In the concluding paragraph of Award No. 24297, the Board held:
        'As to the remedy for the violation, the Carrier states; and it has not been refuted, that because of force reduction, since November 3, 1981, Claimant has not possessed sufficient seniority to be returned to service even had she not been prohibited from operating Company vehicles. We will award that Claimant be paid the difference between what she would have earned from July 21, 1981, to November 3, 1981, had the prohibition against operating Company vehicles not been imposed, and what she may have earned from the Carrier or other employment during that period.·


No contention was raised in the record leading up to the award about
 junior employes allegedly being recalled to service about February 11, 1982. In
 the Organizations request for interpretation, it contends that employes junior
 to claimant Barbara r were recalled to service and worked full time from
 February 11, 1982, until on or about March 10, 1982 and seeks compensation for
 Claimant DJmmer for that period.
It is well settled that the Board may not, through the guise of an interpretation, properly consider issues that were not before the Board when the original award was issued. Any contention now made that Ms. Dbmmer should have been recalled to service on or about February 11, 1982, must be dismissed.
Referee Paul C. Carter, who sat with the Division as a neutral member when Award No. 24297 was adopted, also participated with the Division in making this interpretation.
                                                Serial No. 314


                  - Award Number 24297

                      Locket Number CL-24607 Page 2


                                NATIONAL RAILROAD ADJUSTMENT BOARD

                                By Order of Third Division


ATTEST: . ~(7
 Nancy J. rff - Executive Secretary
Dated at Chicago, r.Z.Zinois, this 19th day of October, 1983.
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