Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION


Award No. 45309 Docket No. MW-47989

24-3-NRAB-00003-230479


The Third Division consisted of the regular members and in addition Referee Erica Tener when award was rendered.


(Brotherhood of Maintenance of Way Employes Division – (IBT Rail Conference

PARTIES TO DISPUTE: (

(Springfield Terminal Railway Company STATEMENT OF CLAIM:

“Claim of the System Committee of the Brotherhood that:


  1. The Agreement was violated when the Carrier sent Mr. K. Schneider home from work and replaced him with junior employes R. Hunter and I. Urgin from 1900 hours on Saturday, January 22 through 0700 hours on January 23, 2022 (System File S-2210P-1004/MW-22-12 STR).


  2. As a consequence of the violation referred to in Part (1) above, Claimant K. Schneider shall now be ‘… compensated four (4) hours of time and one-half, (8) hours of double time, and six and one-half (6.5) hours in the difference between time and one-half compared to double time, as all credits for vacation and all other benefits for the dates claimed for the missed work opportunity.”


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.


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

Form 1 Award No. 45309

Page 2 Docket No. MW-47989

24-3-NRAB-00003-230479


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


Prior to oral argument with respect to this case, the parties agreed that the listed claim had been settled on the property. Consequently, this case shall be dismissed.


AWARD


Claim dismissed.


ORDER


This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.


NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division Dated at Chicago, Illinois, this 29th day of August 2024.