NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25681
(Dalton Cook
PARTIES TO DISPUTE:
(Burlington Northern Railroad
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it improperly closed
the service record of Trackman D. Cook (System File B-2128/MWC
82-10-25.
(2) Trackman D. Cook would like to have an oral hearing."
OPINION OF BOARD: The dispute properly before the Board was set forth in
Petitioner's (Claimant) letter of January 30, 1984,
addressed to the Executive Secretary of this Division of the National Railroad
Adjustment Board, serving notice of intention to file an Ex Parte Submission.
In the letter of January 30, 1984, the Petitioner also stated:
"(2) Trackman D. Cook would like to have an
oral hearing."
The dispute was docketed by this Division as MS-25681. On May 13,
1985, the Petitioner and the Carrier were notified that Hearing before the
Division, with the Referee sitting as a Member thereof, was scheduled for 3:30
P.M., June 21, 1985. The Hearing was conducted as scheduled, but Claimant was
not present nor represented.
The record shows that Claimant's record was closed by letter from
the Carrier dated May 26, 1982. He was restored to service with all rights
intact, but without pay for time lost May 28, 1982 through June 22, 1982.
Claim for pay for time lost May 28, 1982 through June 22, 1982, was progressed
in the usual manner on the property and submitted to this Board by the Brotherhood of Maintenance of
docketed as MW-25415, and adjudicated by Award No. 25835.
The Claim herein, submitted to the Board by the Petitioner
(Claimant), involves the same Agreement, the same Rules and arose out of the
same occurrence as involved in Award No. 25835. In our Award No. 25261, with
this Referee participating, we held in part:
Award Number 26077 Page 2
Docket Number MS-25681
"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
out of the interpretation or application of
agreements covering rates of pay or working
conditions, that the National Railroad Adjustment Board repeatedly adjudicate the same dispute
involving the same Claimant and arising out of
the same occurrence, simply because the claim
may be submitted to the Board through different
representation."
The same principle has been adhered to in numerous other Awards,
including Third Division Awards Nos. 25856, 25262, 24789, 23027.
As the Claim in behalf of Claimant has been adjudicated, the present
dispute will be dismissed.
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 be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 31st day of July 1986.