NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25275
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) This dismissal of Machine Operator L. J. Griffin for alleged refusal
to go to work with the rest of Extra Gang 492 and then threatened Assistant Roadmaster
K. R. Mattox with bodily harm" was without just and sufficient cause and on the
basis of unproven charges (Carrier's File 013.31-267).
(2) The Claimant shall be reinstated with seniority and all other
rights unimpaired and he shall be compensated for all wage loss suffered including
holiday pay.
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 one~of the same individuals, the same Agreement, the
same Rules, and. arising out of the same occurrence as involved in Award No. 25134,
adopted by this Division of the National Railroad Adjustment Board on November 9,
1984, in which Award the claim was denied.
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 Claimant's dispute with the Carrier arising out of his dismissal
from Carrier's service for his actions on July 7, 1982, has been adjudicated by
our Award No. 25134, the claim herein will be dismissed. See Third Division
Awards Nos. 24789 and 23077 and Second Division Award No. 6692.
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 Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act, as approved
June 21, 1934;
Award Number 25261 Page 2
Locket Number MW-25275
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. Dever,- Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.