Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28471
THIRD DIVISION Docket No. MW-27154
90-3-86-3-219
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.



PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it refused to permit Trackman C. Frazier to displace a junior trackman at Hunter Yard, Newark, New Jersey on November 19, 1984 (System File NEC-BMWE-SD-1189).

(2) The claimant shall be allowed ten (10) hours of pay at his straight time rate."

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.

The instant case was advanced to this Board simultaneously with the case culminating in Award 28470. The facts herein are nearly identical to those presented in that case. Claimant apparently displaced into Gang Z-182 shortly before the effective date of its abolishment, November 15, 1984. Inasmuch as the abolishment notice for that gang had already been posted on November 6, 1984, Claimant's name was not on that notice. On Monday, November 19, 1984, Claimant reported to Carrier's Newark, New Jersey yard to displace a junior employee on the C.W.R. gang. Claimant presented no evidence to show that he had the right to make a displacement and he was not permitted to exercise his seniority on t
Because the evidence and arguments presented in this case essentially mirror those presented in Award 28470, our findings and conclusions therein are deemed controlling. As in that Award, we find that Carrier demonstrated that there was an established procedure which required employes to show documentation to support the Form 1 Award No. 28471
Page 2 Docket No. MW-27154
90-3-86-3-219

November 19, 1984, because he failed to present supportive documentation in the form of a displacement slip prior to exercising his seniority is not the result of any violation on Carrier's part but, rather, a matter which Claimant himself controlled.






                          By Order of Third Division


Attest:
      Nancy J.. er - Executive Secretary


Dated at Chicago, Illinois, this 7th day of August 1990.