Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35940
Docket No. MS-36042
02-3-00-3-199

The Third Division consisted of the regular members and in addition Referee Rodney E. Dennis when award was rendered.

(William J. Halstead PARTIES TO DISPUTE:


STATEMENT OF CLAIM:















Form 1 Award No. 35940
Page 2 Docket No. MS-36042
02-3-00-3-199
(d) This claim is presented in accordance with Rule 41 of the
Agreement between the parties and should be allowed."

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.




In Third Division Award 35937, the Board expressed its opinion on the merits and procedural arguments presented by the Claimant in a long list of the same or similar cases. The text of that Award applies equally as well to this case.








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 20th day of February, 2002.