NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 25510

THIRD DIVISION Docket Number MS-24762

Josef P. Sirefman, Referee

(Richard A. Livingston

PARTIES TO DISPUTE:

(Delaware and Hudson Railway Company

STATEMENT OF CLAIM:

'Restoration of my seniority and one day's pay for each and every day I am being held from my former position, Crew Dispatcher with the Delaware and Hudson Railroad for the past twelve years.'

OPI"""N OF BOARD: A complete review of record before this Board establishes
that Claimant Richard A. Livingston resigned from the
Carrier's Service on October 12, 1980. In view of this resignation there is no
basis for the claim.

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;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division Z ~o

Attest:

Nancy ver - Executive Secretary

Dated at Chicago, Illinois, this 13th day of June 1985.