Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32952
Docket No. MW-33730
98-3-97-3-54
The Third Division consisted of the regular members and in addition Referee
Robert Perkovich when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Louisville &
( Nashville Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Repairman J. Washington for his alleged
conduct unbecoming an employe subsequent to July 26, 1995 was
without just and sufficient cause and excessive punishment [System
File 18(8) (96)/12 (96-685) LNR[.
(2) Track Repairman J. Washington shall now be reinstated to service
with seniority and all other rights unimpaired and he shall be
compensated for all wage loss suffered."
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. 32952
Page 2 Docket No. MW-33730
98-3-97-3-54
This dispute is a duplicate of that previously reviewed by the Board in Third
Division Award 32490. It involves the same parties, the same Claimant, and the same
issue, and is virtually identical to that claim. Thus, its merits will be fully and finally
determined by the Board in Award 32490.
We follow the long-standing precedent aptly stated in Second Division Award
12922:
"In keeping with past Awards ofthe 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 dismissed. (See Second Division
Awards 12343, 11999, and 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 23rd day of November 1998.