NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24826
Paul C. Carter, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9676)
that:
(a) Carrier violated the provisions of the current Clerk's Agreement
at Barstow, California, when it removed Mr. R. G. Palmer from service as a
result of a formal investigation held on May 19, 1981, and
(b) Mr. R. G. Palmer shall now be returned to Carrier service and
paid for all loss of wages and benefits commencing on or about May 19, 1981.
OPINION OF BOARD: The claimant herein had, prior to the occurrence giving
rise to the dispute herein, been dismissed from Carrier's
service on May 1, 1980. The prior dismissal was appealed in the usual manner
on the property, and at the time of the occurrence giving rise to the present
dispute, was pending before this Board as Docket No. CL-24154.
On November 24, 1983, Award No. 24552 was issued on Docket No. CL24154. In that award the dis
he be restored to Carrier's service and paid for all wages and benefits commencing
May 1, 1980, was denied.
Award No. 24552 was a final decision terminating claimant's employment
relationship with the Carrier. Under the circumstances, we consider the present
claim moot, and it will accordingly be dismissed.
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 Claim is barred.
Award Number 24908 Page 2
Docket Number CL-24826
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J er -'Executive Secretary
10
Dated at Chicago, Illinois, this 30th day of July 1984.