Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32176
Docket No. CL-32735
97-3-96-3-39
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:
(Illinois Central Railroad
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11200) that:
1. Carrier violated the Agreement between the Parties at Jackson,
Mississippi on December 19, 1994, when it did not permit TCU Agreement
covered Clerical employes to perform crew hauling.
2. Carrier shall now compensate the Senior Extra or the Senior
Regularly assigned employe, namely Clerk R. H. Tindall eight hours at the
time and one-half 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. 32176
Page 2 Docket No. CL-32735
97-3-96-3-39
On January 23, 1995 the Parties entered into an Agreement, Article XV
of
which
reads as follows:
"ARTICLE XV - GRIEVANCE RESOLUTION BONUS
(a) On February 3, 1995, all employees in active service on positions
covered by this agreement will be paid one thousand dollars
($1,000.00) each.
(b) Upon payment
of
the amount indicated in paragraph (a), all claims
and grievances, other than those involving disciplinary action, are
considered resolved without prejudice to the position
of
either party
and with the understanding that such settlements will not be cited
by either party in any future case, nor used by either party to allege
that the other has agreed to a particular practice.
(c) Any employee who currently has a claim pending (except for those
in Side Letter
No. 2
to this Agreement) shall have the option
of
advising that he/she wishes to waive the $1000.00 Grievance
Resolution/Bonus, in order that the claims) may be progressed.
Such option must be made in writing and received by the General
Chairman within ten days
of
the effective date
of
this Agreement."
Side Letter
No.
2 reads in pertinent part as follows:
"This will confirm our understanding regarding the
application of Article XV of the Memorandum of Agreement
resolving wages and work rules issues.
It is recognized that claims currently before the Third
Division
of
the National Railroad Adjustment Board and
those mutually held in abeyance pending the outcome
of
such
claims are not subject to paragraph (b)
of
Article XV."
A careful review of the record before the Board indicates that Article XV disposes
of the instant dispute. Because the claim does not fail under the "exception" enunciated
Form 1 Award
No. 32176
Page
3
Docket
No. CL-32735
97-3-96-3-39
in Side Letter No.
2 (supra),
it cannot now be progressed to the Board. Accordingly, the
matter is moot, and the claim 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 13th day
of
August 1997.