DISPUTE: CLAIM OF EMPLOYS: "Unjust discrimination relative to seniority as boilermaker in Chouteau Avenue Shops, St. Louis, Missouri."
FACTS AND POSITION OF PARTIES: Petitioner states that he was laid off in reduction of force in St. Louis Shops January 5, 1925, and has never been recalled to service.
Carrier states that petitioner was laid off in reduction of force January 5, 1925, and no complaint or grievance has been filed with the carrier by Mr. Spratley or his representatives.
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 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 filed with this Division of the National Railroad Adjustment Board.
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 petitioner's claim. AWARD Claim dismissed.