THIRD DIVISION

Award No. 4

"Carrier violated the Agreement by failing to award Ms. Cheri Dietrich, hereafter referred to as a Claimant, to a bulletined permanent position in Seniority District No. 2, namely, Bulletin No. 2-1$, dated November 8, 2007, Shipping Documentation Service Representative/90015, of which Claimant was the only bidder currently employed on aforementioned Seniority District No. 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-I8A, dated November 16, 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 eight (8) hours at the time and one-half rate for each and every workday, commencing on November 17, 2007, and continuing until Claimant is awarded aforementioned position."

Parties to said dispute were given due notice of hearing thereon.

AWARD

Claim denied.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that 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.
3-41601
Form I

NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION

Award No. 41601
Docket No. M S-=l. t I 99
13-3-NRAB-00003-100052

The Third Division consisted of the regular members and in addition Referee Robert E. Peterson when award was rendered.

PARTIES TO DIS:

STATEMENT OF CLAIM:

(Cheri Dietrich

(Soo Line Railroad Company

"Carrier violated Rules 23 (c), 7 (a) and (g), and Rule 8 of the TCU Agreement, along with any other pertinent rules and agreements not

specifically stated herein, when the Carrier improperly disqualified

Cheri Dietrich, hereafter referred to as Claimant, on January 25, 2008, from the position of Shipping Documentation Service Representative, Position No. 90015, as advised by Award Bulletin No. 2-2A, dated January 25, 2008, Seniority District No. 2, in which a junior employee from a totally separate and distinct seniority district, namely Seniority District No. 6, was awarded said position with no seniority date whatsoever, in Seniority District No. 2. Claimant's seniority date in aforementioned seniority district is 10/13186.

now he required to immediately award Claimant the

aforementioned Shipping Documentation Services Representative Position No. 90015 and compensate Claimant eight (8) hours at the time and one-half rate for each and every workday, commencing on January 25, 2008 and continuing until Claimant is awarded aforementioned position."

FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
Form 1 Award No. 41601
Page ? Docket No. MS-41199
13-3-NRAB-00003-1 ddd52

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 .tune 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.

The Board carefully reviewed the record before it and has concluded that the claim is without merit.

AWARD

Claim denied.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that 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.