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.

Our review of the record herein does not reveal any procedural irregularities that require determination by the Board. On the merits, we note that the instant dispute is a companion of the dispute decided in Third Division Award 39333. Both matters arose out of the same body of evidence. They differ in that they are premised upon different Rules of the Agreement. The instant dispute challenges the Carrier's determination that the Claimant was not unjustly treated in the termination of his seniority and employment with the Carrier.

The facts giving rise to the dispute are set forth in detail in Award 39333. Accordingly, we will not recount them here. That Award found that the burden of proof to establish a violation of the Agreement had not been satisfied by the Organization and the Claimant. Accordingly, that Award denied that claim.

Because the instant dispute is based on the same evidence as the dispute leading to Award 39333, we must concur with the Carrier's determination that the Claimant was not unjustly treated. Rule 41(e) of the Agreement was applied to him according to its clear and unambiguous terms. The Organization and the Claimant had the burden to prove otherwise and establish the existence of unjust treatment. On the record before the Board, that burden has not been satisfied. As a result, we have no proper basis for disturbing the Carrier's determination. Therefore, we must affirm the Carrier's decision and deny the instant claim.

AWARD