Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29275
THIRD DIVISION Docket No. MW-29446
92-3-90-3-35
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


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

(1) The Agreement was violated when the Carrier terminated the seniority of Mr. S. A. Vaughn effective November 14, 1988 (System Docket MW-119).

(2) Mr. S. A. Vaughn shall be returned to service with seniority and all other rights unimpaired."

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.



On September 20, 1988, the Claimant was notified that he had been awarded a Welder Helper position and that he was to report to Haverstraw, New York, within ten days with a complete MD40 and safety equipment. He was advised that a failure to do so would result in a forfeiture of seniority.

The Claimant reported to Kingston, New York instead (within the 10 days) and was told that the gang was "abolished" and he went home.

On November 14, 1988 the Carrier advised of a forfeiture of seniority which prompted this claim.

Despite the fact that the Claimant reported to the wrong location without appropriate records rather than to the designated location as instructed, on February therefore, the Claim is moot.
Form 1 Award No. 29275
Page 2 Docket No. MW-29446
92-3-90-3-35








Attest:
        ncy J. r - Executive Secretary


Dated at Chicago, Illinois, this 12th day of June 1992.