Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41604
Docket No. MS-41202
13-3-NRAB-00003-1 0005
The Third Division consisted of the regular members and in addition Referee
Robert E. Peterson when award was rendered.
(Cheri Dietrich
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
"Carrier violated the Agreement by failing to award Cheri Dietrich,
hereafter referred to as a Claimant, to a bulletined permanent position in
Seniority District No. 2, namely, Bulletin No. 2-17, dated November 1,
2007, Rate Maintenance Representative/13264 of which Claimant was
the senior bidder currently employed on aforementioned Seniority
District No. 2, with a seniority date of 10-13-$6, in accordance with Rule
14, paragraph c, of the TCU Agreement and all other related rules, not
specifically stated herein. Carrier failed to award this advertisement to
anyone, and in fact stated: `This bulletin has No Qualified Bidders,'
according to Award Bulletin No. 2-17A, dated November 13, 2007, in
violation of Rule 14 c. Furthermore, Carrier failed to award this position
to other clerical employee currently employed on Seniority District No. 2,
Ms. Mary Zinos, with a seniority date of 10-29-07 in Seniority District
No. 2 and also failed to advise Ms. Zinos, in writing, the concerns for her
non-assignment, which had been requested, in writing, by Ms. Zinos,
within fifteen (15) days of her non-assignment.
Carrier shall now be required to immediately award Claimant, Ms.
Dietrich, the aforementioned Rate Maintenance Representative
position/13264, and if not filled by Ms. Zinos, then filled by one of the
eight ($) other clerical applicants from Seniority District No. 6.
Farm I Award No. 41604
Page 2 Docket No. MS-X1202
13-3-NRAB-00003-10005
Carrier shall also now be required to compensate proper Claimant, after
a check of the company records), eight (8) hours at the time and one-half
rate far each and every workday, commencing on November 14, 200'7,
and continuing until proper 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 Lobar Act,
as approved .June 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.
3-4'1605
Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41605
Docket No. MS-41203
13-3-NRAB-00003-100056
The Third Division consisted of the regular members and in addition Referee
Robert E. Peterson when award was rendered.
(Cheri Dietrich
PARTIES TO DISPUTE:
(Soo Line Railroad Company
OF CLAIM:
"Carrier violation Rule 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 15, 2008, from
the position of Rate Maintenance Representative, position no. 13264, as
advised by Award Bulletin No. 2-IA, dated January 15, 2008, with a
seniority date in Seniority District No. 2 of 10129!07. Claimant's seniority
date in aforementioned seniority district is 10/13186.
Carrier shall now be required to
aforementioned Rate Maintenance Representative Position No. 13264,
and compensate Claimant eight (8) hours at the time and one-half rate
for each and every workday, commencing on January 15, 2008, and
continuing until Claimant is awarded aforementioned position."
immediately award Claimant
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 l Award No. 41605
Page 2 Docket No. MS-41203
13-3-NRAB-00003-IOO056
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.
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41606
Docket No. MS-41204
13-3-NRAB-00003-100057
The Third Division consisted of the regular members and in addition Referee
Robert E. Peterson when award was rendered.
(Cheri Dietrich
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
"Carrier violated Rule 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 15, 2008, from
the position of Rate Maintenance Representative, Position No. 13264, as
advised by Award Bulletin No. 2-lA, dated January 15, 2008, in which a
junior employee was awarded said position with a seniority date in
Seniority District No. 2 of 10129107. Claimant's seniority date in
aforementioned seniority district is 10113186.
Carrier failed to recognize various instances of unjust treatment as
brought out during testimony in the unjust treatment Hearing of
February 28, 2008.
Carrier shall now be required to immediately award Claimant the
aforementioned Shipping Documentation Representative Position No.
13264, and compensate eight (8) hours at the time and one-half rate for
each and every workday, commencing on January 15, 2008, and
continuing until Claimant is awarded aforementioned position."
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Form I
Page 2
Award No. 41606
Docket No. FYI-4
The Third Division of the Adjustment Board, neon 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 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.
Claim denied.
AWARD
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.