Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26753
THIRD DIVISION Docket No. MS-27586
88-3-87-3-24
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Gerald V. Graphia and L. E. Ratheal
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of Gerald V. Graphia on behalf of L. E. Ratheal
(#235) that:
(a) Carrier violated the rules of the current clerks' Agreement and
provisions of the Railway Labor Act at Amarillo, Texas when it failed to
properly compensate L. E. Ratheal for resigning on or about April 30, 1985, in
return for accepting a lump sum separation allowance, and
(b) P. J. Ratheal shall now be compensated the difference between
the three thousand five hundred dollars ($3,500.00) received and of the Washington Job Protection Ag
the prevailing prime rate and any other such damages and awards as may be
determined by this Honorable Board."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employees involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
The issues in the instant dispute are virtually identical to those
involved in Third Division Awards 26749 and 26751. For the reasons set forth
in those Awards, the Claim will be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
!'
'Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 5th day of January 1988.