NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26146
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
(Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The discipline (Appendix 'B' letter dated September 21, 1983)
imposed upon Trackman B. H. Myers, III for alleged absence without authority
on September 12, 13, 14, 15 and 16, 1983 was arbitrary, capricious and
unwarranted (System File C-M-1967/MG-4304).
(2) The Appendix 'B' letter mentioned in Part (1) hereof shall be
removed from the claimant's record."
OPINION OF BOARD: After a careful review of the Memorandum of Agreement,
Appendix "C", and the December 21, 1978, Letter Agreement,
this Board will forego a discussion of and a determination of merits. The
above referenced Appendix "C" and Letter Agreement taken together indicate
that the Organization's requested remedy as per Part (2) of the Claim has
already occurred. A complete reading of the on-property record as well as the
Ex Parte Submissions and Rebuttals convinces us that the Claim before this
Board is of no consequence.
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 Claim is moot.
Award Number 26269 Page 2
Docket Number MW-26146
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
'4
00fe
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 20th day of March 1987.