NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25615
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 107 days not worked
from January 1, 1982, through September 17, 1983;
2. Is claimant entitled to compensation for pay loss due to
deception used in having her sign form PR-32;
3. Is claimant entitled to punitive damages for having been tricked
into signing form PR-32;
4. Is claimant entitled to compensation for loss of pay due to
non-use of Guaranteed Extra Board positions.
5. 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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim is barred.
AWARD
Claim dismissed.
Award Number 25788 Page 2
Docket Number MS-25615
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 27th day of November 1985.