Form 1 NATIONAL RAILROAD ADJUSTMENT BOAR-1
THIRD DIVISION
Award No. 31988
Docket No. MS-32593
97-3-95-3-504
The Third Division consisted
of
the regular members and in addition Referee
Edwin H. Bean when award was rendered.
(Gregory Smith
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of G. Smith for reinstatement to service with my
rights and benefits unimpaired and with compensation for all time lost,
beginning November 25, 1992, account Carrier violated the current
Signalmen's Agreement. particularly the Training Agreement, when it
dismissed me despite not providing the required training within the time
established under the Agreement. Carrier's File No. SG-ROAN-93-2.
BRS File Case No. 9326-N&W."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and an 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 were given due notice of hearing thereon.
Although Hearing was requested before chic Board and set for November 7, 1996
and after Claimant requested a postponement of that Hearing causing a rescheduling
Form I Award No. 31988
Page 2 Docket No. MS-32593
97-3-95-3-504
of the Hearing to Februarv 4. 1997, Claimant did not appear for Hearing before this
Board.
This claim was previously decided by Public Law Board No. 5622, Award 20
adverse to Claimant's position. Therefore, this Board has no jurisdiction to consider
this claim. Second Division :ward 121.18; Third Division Award 22736; Fourth Division
ward 1339.
The claim is dismissed.
AWARD
Claim dismissed.
ORDER
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 6th day of May 1997.