NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 25750

THIRD DIVISION Docket Number MS-25571

Robert W. McAllister, Referee

(Joseph L. Griffin

PARTIES TO DISPUTE:

(Atchison, Topeka and Santa Fe Railway Company

STATEMENT OF CLAIM:

"1. Is claimant entitled to compensation for lack of work, due to multiple seniority rosters, beginning June, 1981, and continuing until present;

2. Is claimant entitled to compensation for being paid at a lower rate on an excepted position than the excepted position regular rate of pay, during 1982 and 1983;

3. Is claimant entitled to an excepted position or the compensation of an excepted position;

4. Is claimant entitled to the benefits of Rule 14 since June 1, 1981, and continuing throuh the present;

5. Is claimant entitled to severance pay;

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 25750 Page 2

Docket Number MS-25571

AWARD

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest: i
Nancy J. a -Executive Secretary

Dated at Chicago, Illinois, this 27th day of November 1985.