Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30992
Docket No. MW-31643
95-3-93-3-663
The Third Division consisted of the regular members and in
addition Referee Robert L. Hicks when award was rendered.
(Brotherhood of Maintenance of Way Emloyes
PARTIES TO DISPUTE:
(Soo Line Railroad Company (former Chicago,
( Milwaukee, St. Paul and Pacific Railroad
( Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the Carrier
arbitrarily terminated Machine Operator D. L.
Reed when, by letter dated November 12, 1992,
it advised him that he had forfeited his
seniority rights under the Agreement (System
File C-01-93-A380-01/8-00118 CMP).
(2) The Agreement was further violated when
Division Manager Mr. D. J. Lyons failed to
notify the General Chairman in writing of his
reasons for disallowing the initial claim
filed under date of January 5, 1993.
(3) As a consequence of the violations referred to
in Parts (1) and/or (2) above, Machine
Operator D. L. Reed shall be reinstated to
service and he shall be allowed straight time,
overtime, vacation and benefits lost from
November 12, 1992 and continuing."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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
Form 1 Award No. 30992
Page 2 Docket No. MW-31643
95-3-93-3-663
thereon.
Other than the Claimant and the dates he was absent, the facts
and circumstances in this case are identical to the facts and
circumstances discussed and adjudicated in Third Division Award
30991). What is said there is adopted here, totally.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 26th day of July 1995.
SERIAL NO. 365
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
INTERPRETATION NO. 1 TO AWARD NO. 30992
DOCKET NO. MW-31643
NAME OF ORGANIZATION: (Brotherhood of Maintenance of Way Employes
NAME OF CARRIER: (Soo Line Railroad Company (former Chicago,
( Milwaukee, St. Paul and Pacific Railroad
( Company)
Award 30992 dealt with an identical claim as found in Award 30991. The
Interpretation request is identical to that found in Interpretation 1 to Award 30991. The
findings in that Interpretation are incorporated into this Interpretation in its entirety.
Payment to Claimant is as set forth therein.
Referee Robert L. Hicks who sat with the Division as a neutral member when
Award 30992 was adopted, also participated with the Division in making this
Interpretation.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois this 4th day of March 1997.