The Second Division consisted of the regular members and in
addition Referee Dudley E. Whiting when the award was rendered.
SYSTEM FEDERATION NO. 73, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Federated Trades)
CARRIER'S STATEMENT OF FACTS: In letter dated September 19, 1955, signed by 16 general chairmen, request was made upon carrier's president for a joint conference to discuss various "unsettled matters". Conference began at Kansas City, September 29, 1955, at which time the subject of the instant dispute was included on a large docket of claims and grievances. At no time either prior to, during, or subsequent to conference, was claim handled with lower officers of appeal as provided by Rule 27 (a) of agreement (hereinafter referred to as Shop Crafts' Agreement) effective February 1, 1924 (Reprinted June 1, 1954) between the Chicago Great Western Railway Company and employes represented by organizations composing System Federation No. 73, reading as follows:
Even though claim had not been handled with "foreman, general foreman, master mechanic or shop superintendent, each in their respective order", as required by Rule 27 (a) of the Shop Crafts' Agreement, carrier without prejudice thereto discussed claim with the employes in an effort to avert threatened strike action. However, claim was subsequently included in Strike Docket
tiations or by means other than National Railroad Adjustment Board pursuant to Article V, Section 5, of the agreement of August 21, 1954, has been challenged by the carrier in the courts.
It is, therefore, our position that until the courts have determined this matter and until these disputes have been handled as provided in Section 3, First (i) of the Railway Labor Act, as amended, they are not properly referable to your Board.
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The record shows that the issue presented by the claim is now moot, so the claim will be dismissed.