Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32337
Docket No. MS-32033
97-3-94-3-434
The Third Division consisted
of
the regular members and in addition Referee
Margo R Newman when award was rendered.
(Aaron Williams
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
"This is to serve notice, as required by the Uniform Rules
of
Procedure
of
the National Railroad Adjustment Board effective May 16, 1994,
of
my
intention to file an E: Parte Submission within 75 days covering an
unadjusted dispute between Aaron C. Williams and Amtrak Railroad
involving the following:
1. Violation
of
Rules
2. False Witnesses.
3. Delayed action on part
of
supervisor
4. Conspiracy"
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.
Form 1 Award No. 32337
Page 2 Docket No. MS-32033
97-3-94-3-434
Parties to said dispute were given due notice of hearing thereon.
This dispute is a duplicate of that previously reviewed by this Board in Third
Division Award 32332. It involves the same parties, the same Claimant, and the same
issue, and is virtually identical except for the later date of filing and minor language
variances in the claim itself. Thus, its merits will be fully and finally determined by the
Board in Award 32332.
We follow the long-standing precedent aptly stated in Second Division Award
12922:
"In keeping with past Awards of the Board which have
held that the progression of duplicate claims or grievances
covering a like matter is inconsistent with the intent of the
Railway Labor Act in providing for the prompt and orderly
settlement of disputes growing out of the interpretation or
application of agreements covering rates of pay or working
conditions, the claim will be dismissed. (See Second Division
Awards 12343, 11999, 11394, and the Awards cited therein.)"
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 November 1997.