Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36405
Docket No. SG-36346
03-3-00-3-594
The Third Division consisted of the regular members and in addition Referee
James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad Company:
Claim on behalf off G. E. Pankey for reinstatement to the position of
Assistant Signal Foreman with compensation for the difference between
the rate of Assistant Signal Foreman and that of any lower paying position
beginning on August 4,1999, and continuing, account Carrier violated the
current Signalmen's Agreement, particularly Rule 52, when Carrier
improperly disqualified the Claimant. Carrier File No.1204889. General
Chairman's File No. SWGC-2042. BRS File Case No. 11433-UP."
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.
This case is a duplicate of that which was addressed in Third Division Award
36404.
Form 1 Award No. 36405
Page 2 Docket No. SG-36346
03-3-00-3-594
All of the issues presented in this case have been resolved by Award 36404.
Therefore, this case is 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 18th day of February 2003.