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.
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.