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Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28618
THIRD DIVISION Docket No. MW-28495
90-3-88-3-305
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The prehearing suspension of I&R Foreman T. E. Pledger,
beginning on June 18, 1987, was improper and in violation of the Agreement
(System File MW-87-117/465-1-A).
(2) As a consequence of the violation referred to within Part (1)
hereof, the Claimant will be paid for one hundred seventy-six (176) hours at
his straight time rate of pay."
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.ot appearance at hearing thereon.
At issue before this Board is the disqualification of Claimant as an
ISR Foreman as well as a thirty-day suspension issued to him as the result of
his alleged failure to detect a rail defect in June 1987.
We note that this same issue, arising out of the same set of events,
was adjudicated before Public Law Board 4373. A decision was rendered in
Award No. 16 (Case No. 11) on February 26; 1990. As a consequence, the Claim
before us must be dismissed as moot.
A W A R D
Claim dismissed.
Form 1 Award No. 28618
Page 2 Docket No. MW-28495
90-3-88-3-305
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 17th day of December 1990.