Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37058
Docket No. SG-37467
04-3-02-3-532
The Third Division consisted of the regular members and in addition Referee
Joshua M. Javits when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Kansas City Southern Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Kansas City Southern (KCS):
Claim on behalf of C. S. Cooper, for reinstatement to service with
his seniority unimpaired, payment for all time and benefits lost
including overtime, and his personal record cleared of any reference
to this matter, account Carrier violated the current Signalmen's
Agreement, particularly Rule 47, when it imposed harsh and
excessive discipline against him without meeting the burden of
proving the charges, in connection with an investigation held on
April 12, 2001. Carrier's File No. K06015514. General Chairman's
File No. 01-068-KCS-185. BRS File Case No. 12059-KCS."
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. 37058
Page 2 Docket No. SG-37467
04-3-02-3-532
Parties to said dispute were given due notice of hearing thereon.
The Claimant was formerly employed by the Carrier as an Assistant
Signalman from August 1999 until June 14, 2001. Contrary to the Statement of
Claim, the Investigation was held on June 7, 2001, on the charge that the Claimant
failed to comply with an order to appear for a fit-for-duty examination. Following
the Investigation, the Claimant was dismissed from the Carrier's service.
On the same date, a Hearing was held in connection with other charges
leveled against the Claimant. Following the Hearing in that matter, the Claimant
was discharged. In Third Division Award 37057, the Board upheld the Carrier's
dismissal of the Claimant. Thus, in the absence of compelling evidence to the
contrary, the Board finds the present claim to be moot.
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 22nd day of June 2004.