NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25544
Robert W. McAllister, Referee
PARTIES TO DISPUTE:
(Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
"1. Is claimant entitled to protective pay for June through December
of 1982 and 1983, January through September and continuing
through the present;
2. Is claimant entitled to compensation for having been forced to
sign away protective rights;
3. Is claimant entitled to punitive damages for being forced to
sign away protective rights;
4. Is claimant entitled to position bid on and for which he was to
begin June 9, 1982;
5. Is claimant entitled to loss of pay due to non-use of Guaranteed
Extra Board positions;
6. Is claimant required to follow normal grievance/dispute
procedures."
OPINION OF BOARD: This Board finds the reasoning and findings set forth in
Award No. 25712 are applicable to the facts of this dispute. For these reasons, we affirm that t
usual manner as provided in the controlling Agreement and, accordingly, did
not comply with Section 3, First (i) of the Railway Labor Act or Circular No.
1 of the National Railroad Adjustment Board.
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 Claim is barred.
Award Number 25725 Page 2
Docket Number MS-25544
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
r
Nancy J. ev -Executive Secretary
Dated at Chicago, Illinois, this 27th day of
November
1985.
f,