Form l
NATIONAL
~OAD
THIRD DIVISION
ENT BOARD
Award No. 41599
Docket No. MS-4l l97
13-3-N12AB-00003-100050
The Third Division consisted of the regular members and in addition Referee
Robert E. Peterson when award was rendered.
PARTIES TO DISPUTE: (
(Soo Line Railroad Company
STATEMENT OF CLAIM:
(Cheri Dietrich
"Carrier violated the Agreement by failing to award Ms. Cheri
Dietrich, hereafter referred to as Claimant, to a bulletined permanent
position in Seniority District No. 2, namely Bulletin No. 2-12, dated
August 22, 2007, Shipping Documentation Service
Rep resentativel90015, of which Claimant was the only bidder
currently employed on aforementioned Seniority District 2, in
accordance with Rule 23, paragraph (c) of the TCU Agreement and all
other related rules. This advertisement awarded to an employee
currently working in Seniority District No. 6, a totally separate and
distinct seniority district, according to Award Bulletin No. 2-12A,
dated August 30, 2007, in violation of Rule 23(c).
Carrier shall now be required to immediately award Claimant the
aforementioned Shipping Documentation Service Representative
Position No. 90015, and compensate Claimant for the losses sustained,
that being the difference in earnings between the rate of the Shipping
Documentation Service Representative/90015 and Claimant's
Guaranteed Daily Protected Rate, commencing on August 31, 2007
and continuing until Claimant is awarded aforementioned position."
Form 1
Page 2
Award No. 41599
Docket No. MS-4119?
13-3-NRAB-00003-100050
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
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Board carefully reviewed the record before it and has concl
claim is without merit.
Claim denied.
over the dispute
'uded that the
ORDER
This Board, after consideration of the dispute identified above, hereby orders
an Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of April 2013.