PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it dismissed Mr. E. L. Postelwaite without benefit of a fair and impartial hearing as stipulated in Agreement Rule 48(a) (System File NEW-1090/2-MG-3324).

 (2) The claimant shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: The claim herein, submitted to the Board by the Brotherhood of
 Maintenance of Way employes, while worded slightly different, involves claim in behalf of the same individual, the same agreement and arising out of the same occurrence as involved in Award No. 24760.

 We do not consider it the intent of the Railway Labor Act, which has as one of its primary purposes, the prompt and orderly settlement of disputes growing out of grievances or out of the interpretation or application of Agreements covering rates of pay or working conditions, that the National Railroad Adjustment Board repeatedly adjudicate the same dispute involving the same claimant and arising out of the same occurrence, simply because the claim may be submitted to the Board through different representation.

 As the claimant's dispute with the Carrier arising from his incarceration commencing on October 19, 1981, has been adjudicated by our Award No. 24760, the claim herein will be dismissed. See Award No. 23027.



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


                      A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: /
 Nancy ever - Executive Secretary

 Dated at Chicago, Illinois, this 30th day of April, 1984.

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