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.
The above cited claim involves the same incident, circumstances, and issue as was involved in and decided by the Board in Third Division Award 38377, except that it is for a different Claimant and there are some additional arguments not made in the prior claim.
As the Board held in Third Division Award 28427, without the assistance of a Referee, although the grievance before the Board in that case involved the same claimant as in a prior case, we concur with the basic principle espoused in the Award. That is, we do not consider it the intent of the Railway Labor Act, which has as one of its primary purposes, the prompt and orderly settlement of disputes growing out of grievances or out of the interpretation or application of Agreements that the Board repeatedly adjudicate the same dispute involving the same parties and arising out of the same occurrence, simply because the claim may be submitted to the Board worded slightly differently or involve a different claimant.
The above reasoning leads to the conclusion that the instant case must be dismissed as an improper pyramiding of a claim involving the same alleged violation of Rules that the Organization elected to pursue in a prior case, and we so decide.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.