Form I
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.
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
(Cheri Dietrich
(Soo Line Railroad Company
"Carrier violated Rule 7 (a) and (g), and Rule 8 of the TCU Agreement,
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, in which a
junior employee was awarded said position with a seniority date in
Seniority District No. 2 of 10/29/07. Claimant's seniority date in
aforementioned seniority district is 10/13/86.
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, 200$, and
continuing until Claimant is awarded aforementioned position."
Form l
Page
1NGS:
Award No. 41606
Docket No. MS-41204
13-3-NRAB-00003-100057
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, rinds that:
The carrier or carriers and the employee or employees involved in
dispute
are respectively carrier and employee within the meaning of the Railway Labor Act,
as approved June 21, 1934.
This Division o
involved herein.
Adjustment Board has jurisdiction over the dispute
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.