Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41602
Docket No. MS-41200
13-3-NRAB-00003-100053
The Third Division consisted of the regular members and in addition Referee
Robert f:. Peterson when award was rendered.
(Cheri Dietrich
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT 4F CLAIM:
"Carrier violated Rule 'T (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 March 17, 2008, from the
position of Accounting Service Representative, Position No. 90015, as
advised on by Award Bulletin No. 2-4A, dated March 17, 2008, in which
a junior employee was awarded said position with a seniority date in
aforementioned seniority district is 10/13/86. (Sic)
Carrier shall now be required to immediately award Claimant the
aforementioned Accounting Service Representative Position 90015, and
compensate Claimant eight (8) hours at the time and one-half rate for
each and every workday, commencing on March 17, 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:
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.
Form I Award No. 41602
Page ? Docket No. MS-41200
13-3-1'VRAB-00003-1O0f)53
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.