Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40242
Docket No. MW-37492
09-3-02-3-574
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(CSX Transportation, Inc.
PARTIES TO DISPUTE:
(Brotherhood of Maintenance of Way Employes
STATEMENT OF CLAIM:
"Consider this as a grievancetclaim on behalf of Mr. Ruggieri, ID#
516792, who is assigned to SPG 5XT9, because Carrier is denying
him a single sleeping room which is needed due to his medical
condition.
As you know, although PEB-219 provided the Carrier the right to
bunk its SPG gang employees two to the room, in certain instances
where medically necessary, the Carrier has allowed single
occupancy room accommodations. In this instance, based on the
medical evidence, a single room is necessary [System File
D21117102]."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, fmds 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. 40242
Page 2 Docket No. MW-37492
09-3-02-3-574
Parties to said dispute were given due notice of hearing thereon.
This claim is identical to the claim adjudicated in Third Division Award
40243; this case was docketed following the Carrier's notice to the Board of its
intent to file. Evidence on the record and correspondence between the Parties is
identical. Accordingly, the present case is moot, having already been decided in
Award 40243.
Accordingly, the present claim is dismissed.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Ciaimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 21st day of December 2009.