Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30208
Docket No. MW-28533
94-3-88-3-354
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
((Amtrak) - Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when,
effective February 9, 1987, it awarded the B&B
Foreman position advertised as position O1ACLBB-0187 to junior employe D. Sandte instead
of Mr. T. Douglas (System File NEC-BMWE-SD1851).
(2) As a consequence of the aforesaid violation,
Mr. T. Douglas shall be compensated for all
time that-was or will be made by Mr. D. Sandte
beginning February 9, 1987 and continuing
until the violation is corrected."
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 employe 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.
Form 1 Award No. 30208
Page 2 Docket No. MW-28533
94-3-88-3-354
This case concerns the same Claimant, facts and issues as
Third Division Award 30203; namely, Claimant disputes the award of
a B&B Mechanic Foreman position at Egg Harbor, New Jersey,
effective February 9, 1987, to a junior employee, D. C. Sandte.
While the other case dealt with the non-monetary job award protest,
the instant case pertains to the claim for compensation filed and
progressed separately before this Board.
In the other case, we set forth our Findings and concluded
that the Organization failed to prove an Agreement violation. That
reasoning applies with equal force to the instant case.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Linda Woods - Arbitration Assistant
Dated at Chicago, Illinois, this 8th day of June 1994.