a) The Carrier violated the TCU Rules Agreement, effective April 1, 1951, as revised July 26, 1990, particularly Rules 6, 16, 23 and other rules, when the Carrier failed to remove clerk C. W. Fike, Seniority date of September 6, 1988, from the Monongahela TCU-Clerks Seniority Roster, upon his accepting a nonagreement position with another railroad, Conrail, effective September 21, 1992.

b) Claimant C. Chamberlain, (9/06/88) now be allowed eight (8) hours time and one half pay at the daily rate of $127.72, as a penalty, for September 21, 1992 and all subsequent dates on a continuing basis, until this violation is corrected and C.W. Fike is removed from the Monongahela TCU/Clerks Seniority Roster.

c) Claim has been submitted in accordance with Rule 32 and should be allowed as presented. Please advise as to the pay period this claim will be allowed."

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The facts in this case are not in dispute. On September 21, 1992, General Clerk C. W. Fike was granted a leave of absence to accept promotion to a management position with Conrail. On September 29, 1992, the organization filed a claim which stated in pertinent part:

"This is to advise that the organization does not concur with this leave of absence, as it is not in accordance with the Monongahela TCU Rules Agreement. Conrail may be the sole owner [of] the Monongahela, but there are two separate rules agreements still in effect as of this date, and the issuance of a leave of absence to an agreement employee from the Monongahela to obtain a nonagreement position with Conrail is in violati agreement presently in effect on the Monongahela."

Specifically, the organization pointed out that under the provisions of Rule 23 - Leaves of Absence, which states:

".~. It is understood that the application of this Rule 23wi11 not permit the granting of leaves of absence to engage in business or to accept employment in outside service."

At the time of this incident, Carrier and Conrail did, in fact, operate under separate Rules Agreements. Accordingly, the Board finds that Mr. Fike's leave was "to accept employment in outside service" under Rule 23 (cited above). Thus, his name should have been removed from the Monongahela/TCU Seniority Roster as of the date of his departure from Carrier's service. There is no evidence on this record, however, to indicate that Claimant suffered any damage as a consequence of Carrier's violation of Rule 23. Therefore, the Board finds no basis for sustaining Part (b) of the instant claim.

AWARD