Form I NATION-\L IZkILROADADJUSTMENT BOA.7D
f111RD Dl% ISION
Award No. 31880
- Docket No.
CL-32019
97-3-94-3-383
The Third Division consisted of the regular members and in addition Referee
John C. Fletcher *%hen aNsard Ni,as rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Organization (GL-11070) that:
(a) Carrier violated the provisions
of
the current Clerk's Agreement at
Newton, Kansas %hen it failed and/or refused to pay E. J. Howard
and C. S. Ratzlaff the Lump Sum Payment as required by Article
1, Section I
of
the June 1, 1991 National Agreement; and,
(b) Claimants E. J. Howard and C. S. Ratzlaff shall now be paid
$2000.00
upon receipt
of
this claim, in addition to any other
compensation Claimants may have received, as a result
of
this
violation; and,
(c) Claimants shall also be paid a make whole allowance (interest) on moneys
claimed
of
twelve
(12)
percent per annum until claim is paid, in addition
to compensation claimed in (b) above."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 31880
Page 2 Docket No. CL-32019
97-3-94-3-383
The carrier or carriers and the emtiovee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21, 193-1.
This Division
of
the .Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Claimants are seeking a Lump Sum Payment that was provided active employees
under the terms
of
the National Wage Agreement effective June 1, 1991. To be eligible
for a Lump Sum Payment employees needed to be actively at work on the date of the
Agreement. Claimants were not actively at work at the time. They had accepted a
separation allowance under the terms of an Implementing Agreement dated November
13, 1990. The claim is without merit.
AWARD
Claim denied.
ORDFR
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 4th day of March 1997.