NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
E. O. BENNETT, ET AL
VS.
NORFOLK AND WESTERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. Recall and reinstatement of all strikers now on strike as of the seniority, rule prior to the strike of 1922.
2. All employes who have taken employment from date of 1922 strike
to date of settlement with the above striking members of all crafts,
to be replaced by men now on strike, seniority to govern in replacement as of the rule in effect prior to 1922.
3. Reinstatement and retirement on pensions of disabled or who may be
over the age limit for employment, with annual passes for those who
now remain on strike.
4. Seniority to date from employment, prior to strike date 1922, as the
case may be, to time of replacement and after as the employes remain
in the service of the above company, with no penalty for remaining on
strike as to jobs, passes or seniority.
5. Adequate compensation for time lost from strike date 1922, to date
of reinstatement to work, less any amount earned at other occupations
during that period of time, with full benefits of the relief funds and
compensation for the deceased members who carried the relief fund
prior to July 1, 1922. We paid in and kept this fund with our money
from 1917 to 1922, strike date. This money was ours and we desire
the benefits therefrom.
FACTS AND POSITION OF PARTIES:
The petitioners state they are
entitled to restoration of certain seniority rights, adequate compensation for
time lost, full benefits of relief funds and compensation for deceased members
who paid to the relief fund prior to July 1, 1922.
The carrier states there was no dispute pending and unadjusted in behalf
of such employes at the time the amended Railway Labor Act was approved
and the Adjustment Board created.
OPINION OF THE DIVISION:
Section 3 (i) of the Railway Labor Act
as amended June 21, 1934, provides:
"The disputes between an employe or group of employes and a
carrier or carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or
[539]
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working conditions, including cases pending and unadjusted on the date
of approval of this Act, shall be handled in the usual manner up to
and including the chief operating officer of the carrier designated to
handle such disputes; but, failing to reach an adjustment in this manner, the disputes may be referred by petition of the parties or by
either party to the appropriate division of the Adjustment Board with
a full statement of the facts and all-supporting data bearing upon the
disputes."
This Board does not have jurisdiction in cases that were not pending and
unadjusted on the date of approval of this Act.
The record in this case shows that the controversy was not made a dispute
and there was no asserting of the claim until September 3, 1938.
This dispute was not pending and unadjusted within the meaning of the
Amended Railway Labor Act on the date of approval of the Act (June 21,
1934) ; therefore, this Board is without jurisdiction to pass upon the petitioners' claim.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 9th day of April, 1942.