Award No. 2110 Docket No. 1978-I 2-SP (PL) -I-'56

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

GERALD W. SHAW.-Engine Watchman

SOUTHERN PACIFIC COMPANY (Pacific Lines)

DISPUTE: CLAIM OF EMPLOYES:

1. The carrier improperly laid off Gerald Shaw an engine watchman at Santa Barbara, California, effective December 8, 1951, and filled said position with an employe having no seniority at Santa Barbara.

2. That carrier be ordered to return Gerald Shaw to his position as engine watchman at Santa Barbara and compensate him for time lost as result of improper furlough.

FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934.

The parties to said dispute waived right of appearance at hearing thereon.

In order that this Board may 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 maner 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. Petitioner, having failed to pursue the required method of presenting his grievance, which in this case was that provided by the agreement between the carrier and the employes, this Board is without jurisdiction to pass upon petitioner's claim.

AWARD