NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25820
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Denver s Rio Grande Western Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Claim* as presented by the General Chairman on March 7,
1983, to Division Engineer J. L. Ozment shall be allowed as presented
because said claim was not disallowed by Division Engineer J. L. Ozment
in accordance with Rule 29(a) (System File D-15-83/MW-4-83).
*The letter of claim will be reproduced within our
initial submission."
OPINION OF BOARD: The basic issue in this docket involves the same
parties, the same Claimant, and arose from the same
occurrence as were involved in our Award No. 25522, issued on June 28,
1985, wherein it was held:
"Based upon the record, we consider Carrier's action
in closing Claimant's record as unjustified. We will award
that he be restored to service with his former seniority,
provided that he can satisfactorily pass physical examination
that may be required by the Carrier. We will not award
any compensation for time Claimant may have lost while out
of service." '
Claimant's employment rights with the Carrier were adjudicated
in Award No. 25522.
We do not consider it the intent of the Railway Labor Act,
which has as one of its primary purposes the prompt and orderly settlement
of disputes growing out of grievances or application of Agreements
covering rates of pay and working conditions, that the National Railroad
Adjustment Board repeatedly adjudicate the same dispute involving the
same Claimant and arising out of the same occurrence. See Award No.
25262 and others cited therein, and Award Nos. 20714, 20455, 18315. As
the Claim in behalf of Claimant has been adjudicated, the present dispute
will be dismissed.
The Carrier is cautioned, however, that under the time limit
Rules it is required to respond to Claims within the time limits specified,
even though it may consider the Claims involved as barred or otherwise
defective.
Award Number 25856 Page 2
Docket Number MW-25820
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
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 dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: i
Nancy JI~r - Executive Secretary
Dated at Chicago, Illinois this 30th day of January 1986.