Form I
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.

 PARTIES TO DISPUTE: (

STATEMENT OF CLAIM:

 (Cheri Dietrich

"Carrier violation Rule 'l (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 10/29/0'1. Claimant's seniority date in aforementioned seniority district is 10/13/86.


Carrier shall now be required to immediately award Claimant the 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."


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 1 Page 2

 Award No. :11605
 Docket No. M S-41203
 13-3-NRAB-00003-100056

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

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

 Board carefully reviewed the record before it and has concluded that the

 claim is without merit.

 Claim denied.

 AWARD
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.