Form l

NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION

Award No. 41601
Docket No. M S-4 1199
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 DISPUTE: (

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 Ms. 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 10113/86.


Carrier shall now be 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 I Award No. 41601
Page 2 Docket No. MS-41199
13-3-NRAB-00003-100052

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 involves! herein.



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







This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimants) not be made.


                      By Order of Third Division


Dated at Chicago, Illinois, this 24th day of April 2013.