Form I NATIONAL RAILROAD ADJUSTMENT BOAFD
THIRD DIVISION
Award No. 32033
Docket No. CL-32748
97-3-95-3-474
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Western Weighing & Inspection Bureau
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11170) that:
1. The Western Weighing and Inspection Bureau violated Rules 4, 5,
and 9 among others of the agreement when it used a junior employe Mr.
D. C. Holmes instead of claimant Robert Hall.
2. The Bureau shall now compensate Robert Hall for forty (40) days at
the pro rata rate."
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 were given due notice of hearing thereon.
Form 1 Award No.
32033
Page 2 Docket No.
CL-32748
97-3-95-3-474
This claim concerns the Bureau's usage of a junior employee rather than
Claimant during the period of January
17
through and including March
17,
1995 to
perform a number of duties such as, but not limited to, conducting accuracy tests on
the scales of various customers and railroads in Texas. The Organization alleges that
Claimant, as the senior employee, was entitled to the work and should have been
assigned.
The Board has reviewed the record and determined that the merits have
become moot because the Bureau officially went out of business on September 29,
1995 leaving no entity available for resolution of the alleged violation.
Notwithstanding the foregoing, application of the facts in this record to the Rules cited
fails to support a conclusion that the Rules were violated. Accordingly, we conclude
that the Agreement was not violated.
AWARD
Claim denied.
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.