'Claim on behalf of B. J. Skolyak, for placement of his name on Seniority District No. 3 Roster, at the #57 position, account of Carrier violated the current Signalmen's Agreement, as amended, particularly, Rule 9 (c) , when it did not give him a MaintainerSignalman date but only gave him a date of Signalman on the 1989 Seniority Roster."' Carrier file NEC-BRS-SD-382. BRS Case No. 8066-AMTRAK.

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 case is the consolidation of two claims. In both claims, Claimants seek a change in their relative mechanic class seniority ranking which appeared on the Philadelphia South Division Seniority Roster published in 1989.

After carefully reviewing the record, the Board finds that events subsequent to the disputes herein rendered both claims moot.

Claimant Evens failed to respond to a recall to service notice dated June 7, 1989. Thus, Claimant Evens' name was removed from the applicable seniority roster on June 28, 1989. Similarly, Claimant Skolyak failed to answer a recall notice dated December 21, 1989. His name was subsequently removed from the applicable seniority roster on June 1, 1990.

As a result of their failure to respond to recall, Claimants forfeited all seniority they had accumulated under the Agreement. Since these former employees no longer hold any seniority with the Carrier, the relative rankings of their seniority, back in 1989, is moot. (Third Division Award 22177) Since there is no longer a justiciable controversy, the claims must be dismissed.

A W A R D