NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25560
Robert W. McAllister,
Referee
(Lawrence Escoto
PARTIES TO DISPUTE:
(Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
"1. Is claimant entitled to compensation for pay loss due to the
maintenance of multiple seniority rosters in the RCAO office Topeka, Kansas:
2. Is claimant entitled to compensation for pay loss due to the
creation of excepted positions;
3. Is claimant entitled to position No. 5021 in Waybill Control
from March 1, 1982, through the present:
4. Is claimant entitled to the difference
between his
regular rate
of pay and the rate of pay for excepted position No. 5021 beginning March 1,
1982, and continuing through the
present;
5. Is claimant entitled to compensation for pay loss due the
abolishment of Rule 14;
6. Is claimant entitled to the difference between eighth rate pay
and third rate pay due to the abolishment of Rule 14;
7. Is claimant
entitled to
severance pay following the closing of
the RCAO in Amarillo, Texas;
8. Is claimant
required to
follow normal grievance/dispute
procedures."
OPINION OF BOARD: This Board finds the reasoning and findings set forth in
Award 25712 are applicable to the facts of this dispute.
For these reasons, we affirm that this Claim was not handled in the 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;
Award Number 25740 Page 2
Docket Number MS-25560
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and'
That the claim is barred.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of Third Division
Attest:
'Nancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 27th day of November 1985.