Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27934
THIRD DIVISION Docket No. MS-27672
89-3-87-3-208
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Robert J. Leburg
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
"That the merging of two T.P. 6 W. rosters before the dovetailing of
the T.P. 6 W. and A.T. 6 S.F. rosters was in fact a transaction adversely
affecting my seniority and my rights as an employee of the A.T. 6 S.F., thus
being denied my protective provisions under the New York Dock Conditions."
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 employes 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 waived right of appearance at hearing thereon.
This claim seeks protective benefits under the New York Dock Conditions. This Board will not ass
subject to a special arbitration tribunal.
The record as submitted by Carrier also indicates that the claim has
been reviewed in a New York Dock case and the claim for benefits was denied.
(See ICC Finance Docket No. 30249, Neutral Member John B. LaRocco.) This
Board has no recourse but to dismiss this claim.
A W A R D
Claim dismissed.
Form 1 Award No. 27934
Page 2 Docket No. MS-27672
89-3-87-3-208
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
4~zo..OAW-dep.
Ad 000'
~ 001~
Taney J. D Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.