Award No. 1275
Docket No. MC-1210-57
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
UNITED RAILROAD WORKERS OF AMERICA, C. I. O.,
IN BEHALF OF ALVIN R. WILSON, SR. (Machinist)
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY
DISPUTE:
CLAIM OF EMPLOYES: "Claim is hereby made in behalf of
Alvin R. Wilson, Sr., for his reinstatement as machinist in the employ of
The Atchison, Topeka and Santa Fe Railway Company at the Santa Fe
Diesel Building, at 21st Street and Archer Avenue, Chicago, Illinois, and
for the payment of all wages wrongfully withheld, on the grounds of wrongful dismissal June 16, 194 7, and subsequent refusal to consider an appeal
in his behalf."
The issue before the Board is one of jurisdiction to docket and hear
the case. The Board under date of April 6, 1948, advised the interested
parties in the following manner:
"Referring to your respective submissions in the case above
designated
You will please receive this letter as due notice that hearing
on this case will be held at 10 A. M. Thursday, April 22, 1948, at
the headquarters of the Second Division of the National Railroad
Adjustment Board, 2130 Consumers Building, 220 South State
Street, Chicago, Illinois, for the purpose of determining only the
question of jurisdiction of the Division in this case.
A copy of the employes' submission in this case is being for
warded herewith to the carrier, and a copy of the carrier's submission is being forwarded herewith to the employes, in accordance
with the Resolution adopted by the Second Division on March -27,
1936, a copy of which is hereto attached.
A copy of the submissions of the parties in this case is being
furnished the Railway Employes' Department, A. F. of L., parties
to the agreement involved in this dispute."
A hearing was aforded the parties on April 2'2, 1948, at which hearing
the petitioner, the United Railroad Workers of America, C. I. O., the carrier, The Atchison, Topeka and Santa Fe Railway Company, also System
Federation No. 97, Railway Employes' Department, A. F. of L., all appeared
and argued their respective positions.
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OPINION OF THE DIVISION:
The hearing before this Board was solely
on the question of jurisdiction. Primarily the Board must determine whether
there has been compliance with the procedure laid down in the Railway
Labor Act for the processing of complaints and grievances.
The Railway Labor Act is explicit in regard to procedure. The Act requires that disputes "be handled in the usual manner up to and including
the chief operating officer of the carrier designated to handle such disputes." After exhausting the procedures on the property, either party or
both may appeal to the National Railroad Adjustment Board. The procedures on the property are outlined in the agreement between the carrier
and the union authorized to represent the employes as provided for in the
Act.
The agreement rule applicable is as follows:
"GRIEVANCES AND DISCIPLINE
Rule 93
(a) Should an employe whose wages and working conditions
are: governed by this Agreement believe that he has been unjustly
dealt with, or that any of the provisions of this Agreement have
been violated, he or the duly authorized representative of his craft
shall take the case to the Foreman within ten (10) days following
the occurrence complained of, and if not satisfactorily adjusted,
it may then be appealed within fifteen (15) days to succeeding
higher officers, and if unable to make satisfactory adjustment, he
or the local committee may appeal the case to the Shop Superintendent, Master Mechanic or corresponding officer, each such appeal to be made within fifteen (15) days after decision is rendered.
(b) If the result is unsatisfactory, the employe or the duly
authorized General Chairman shall have the right to appeal in
writing to succeeding higher officers of the Company designated
to consider appeals, providing appeal is made within sixty (60)
days after date of each decision. Such appeals may be made by
the employe himself or by the General Chairman representing his
craft. Copies of letters of appeal will be given
officers appealed
from. Should the employe himself or the General Chairman be
dissatisfied with the decision rendered by the highest designated
officer and further appeal is desired, the case may then be handled
in accordance with the Railway Labor Act, providing such appeal
is made, within ninety (90) days after date of decision.
(c) Time claims will be restricted to a period commencing
not earlier than sixty (60) days prior to the date they are first
presented.
(d) No employe will be disciplined without first being given
an investigation which will be promptly held, unless such employe
shall accept dismissal or other discipline in writing and waive formal
investigation. Suspension in proper cases pending a hearing, which
shall be promptly held, will not constitute a violation of this rule.
An employe involved in a formal investigation may be represented
thereat, if he so desires, by the Local Chairman and one member
of the Shop Committee.
(e) Prior to the investigation, the employe alleged to be at
fault shall be apprised of the charge sufficiently in advance of the
time set for investigation to allow reasonable opportunity to secure
the presence of necessary witnesses.
(f) A copy of the transcript of the evidence taken at formal
investigation will be furnished the employe, or his representative,
provided request therefor is made at the time the investigation is
held.
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(g) If the final decision shall be that an employe has been
unjustly suspended or dismissed from the service, such employe
shall be reinstated with seniority rights unimpaired, and compensated for the net wage loss, if any, resulting from said suspension
or dismissal.
(h) When employe& are required to report outside of their
regular bulletined hours to act as witness for the Company in investigations, they shall receive straight time rates from time reporting at designated location until released.
(i) All conferences between local officials and Local Committees to be held during regular working hours without loss of
time to Committeemen.
(j) Prior to the assertion of grievances as herein provided,
and while questions of grievances are pending, there will neither
be a shutdown by the employer nor a suspension of work by the
employes."
The claimant, Alvin R. Wilson, Sr., failed to pursue the prescribed
method in handling his grievance as outlined in Rule 33 of the agreement
between the carrier and the employes as is shown by the written record
before this Division.
As was said in this Division's Award No. 514:
"In order that this Board might assume jurisdiction of a dispute on petition, it must appear that the dispute has been handled
in the usual manner in negotiations with the carrier as provided
by the statute; and that it is only in case there has been a failure
to reach an adjustment in the manner so provided that this Board
will review such proceedings. In the instant case there was no
compliance with the statute on the part of petitioner. The usual
manner of negotiating with the carrier was not complied with.
There was no failure to reach an adjustment in the usual manner."
Because the petitioner failed to pursue the required method in presenting his grievance, which in this case is that provided in the agreement
between the carrier and the employes, this Board is without jurisdiction to
pass upon petitioner's claim.
AWARD
This Board having no jurisdiction over the petition in this case, the
petition is dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 27th day of July, 1948.