AWARD N0. ' 94
CASE N0: 7
SPECIeiL BOARD OF ADJUSTNSIC N0. 266
TRANSPCRTiLTION-COi14UNICATION EMPLOYEES UNION
vs.
BRIE LACPCIC4MA RAILROAD C014PILNY
STATEMENT OF CLriIM:
Claim of the General Committee of the TransportationCommunication Employees Union on the Erie Lackawanna Railroad that:
1. The Carrier violated the Telegrapherst Agreement when
it failed, and has since refused,, to remove the mane of
F. F. Dayton from the Telegraphers' Seniority Roster of
the Morris and Essex District on or after October 13,
1956.
2. Carrier shall now be required to ramove,said DaytonIs
name from roster and his seniority under the T'elegrapherst
Agreement be declared forfeited
as
of the date he accepted
e.-iploymerct as yardmaster.
OPINION OF BOARD:
Organization contends Mr. F. F. Dayton, who held
seniority under the TCU Agreement at the tine of his promotion to a
Yardmaster position in October, 1956, should have been removed from
the TCU seniority roster at the tire of this promotion. In addition,
Organization contends Carrier's denial of the resulting claim was
made on an untimely basis.
The evidence discloses that subsequent to the filing
of this claim Mr.
F. F.
Dayton resigned from Carrier's service. The
claim is therefore moot.
AW.JtD:
Claim dismissed,
~i
~ rru: ( . ~lf,c_
~ ~J
Lloyd Bailer, Neutral Member
R/.\ : Woodman, Employee Member //Rf ~~- it.~C/Carroll
/y~, Carrier Member
Hoboken., No J.
January 4, 1967
a,