(Advance copy. The usual printed copies will be sent later.)

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6452
SECOND DIVISION Docket No. 6282-I
2-LI-I-'73
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
( Frank Joseph Turchiano, Petitioner

Parties to Dispute:

( The Long Island Rail Rosd CozrTany

Dispute Cla:Ln of F.~Mloyes-

A. On or about -cc aar7 7, 1 Q70, a claim on r,· behalf ~.s filed

with the Carrier at ~~,~r. equest by John J . Wa sloski, Inter

national Representative in' exnation:,;? Frothe;^hood of. Firemen

F, Oilers (copy at-t1ched5. 7his claim vraz sijbsequently the

sx*jec t of negotiations bn Venn C.1e Cnr tier and Mar. Wasloski

zrn.ich resulted in Mr. Wash ocki exec ut=n:g w letter agreement -

which parported to settle tre claim for $wOJ to be paid to

me. I contend ';hat .;his purported ~;e~;ta.e^aen: is not binding

on me i or reasons s 1-,o be state-4' in rv Lulo-,iisslon.

Re .3-i~ flre L''.rd agrees viC. r"kJ -1 sition tyan i. the purported se ttl e

1ncz~j, of r-yr claim by Mr. Wacloski is not binding on rl°, I resp-act

f uL.l-,r req''3f--st tat tE.' Do?r 7. r·ake ai2 ?vaxd v7. t h. respect to the

rcri'i :, Of' 1rr or-Zinul claa?m'm.

Findings

Me : econd Divi lion of -the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carricrs and the errployc or. er=nloy es involved in this dispute are respectiirely carrier and emprlolyre with : the meaning of the Railway Labor Act, as arlprove d ci t_L.ne 22,

~:~.~1. .

~ ~c'on ML' the Adjustment Board ryas ,5uxisdiction over the dispute

This ~J. '3.N,..
involvrr-__a herein.

Fa t`.e > to nail dispute ·Va3.ved r-;.t ~: t of appearance at hearing thereon.

'- n t` 'hod. tn~_~ poS.ivion of stationary f-lreman. A position as

Cia.r..,~A~

:ii:c...i;j.0na.'i y! f.3:~; -1.?1!.'c^'.~'.'" T.,TC'3,S pL;:l=`.:a :E'.''1^ which tt:^3"P were no b5d.ders who were qualified
as 1~:ationa.. j G1'1-Ineer. Claim2"7t ?'7as permitvcd to fill ti F' vacancy. A disagreement
arose cZCr the re:i;C of Tay for cl-3,imayr. who was not liccnased, 2.s a stationary eagin°er.
7 he claim . 1S f.:~r the a&ai:3.0'14.'·. rc^_~' la?) to trle rate f.`.'3' s i e · onary engineer.

__ ~ The

C.l.:a.".:; 4,'a:s p"occ"::E.d through the uz~u';'t. channels betr:een tbr IA-presentatives of tile
)1gar°?zat-ion aar!'L 11-he cmy'ricr, and vas settled.

flu,'.T"!at7.-i: nTeu ~'i7.it.: i ·IC rr"~nn?.Za t' Gnl s representative did not favorably.

y.cs . th^.a._ he did not e.breC~io t:ze scts-21i. k no part in t ~ him; ~.~,t~ tat i.:.:.,. he ~oe~: no part in

i

Form 1 _ Award No. 6452
Page 2 DocLI

kt

the negotiations; that he is not bound by the settlement.

The carrier contends that the claim rust be dismissed because it was not timely, on the merits and because the settlement on the property disposed of the matter.

The Railway Labor Act provides for and encourages the settlement of disputes on the property through steps and representatives agreed upon between. the parties. Rule 30, of the controlling agreement provides that a grievance may be presented by the aggrieved employe, "or the duly accredited representative on his behalf". Rule 31, defines "duly accredited representative" as the, "regularly constituted Committee (or any member or members thereof) --- or the Officers of the organization of which that Committee is a part."

It is not disputed that claimant presented his claim through the duly accredited representative of the organization of which he is a member. The settlement reached is binding upon the carrier and upon the organization whose representative the carrier deaI.t with in good faith.

In the case of Pizynski vs New York Central Railroad Company, 421 F 2d 854, it was stated by the Court on P. 859, in substance, that, the carrier has the right to rely on the authority of a union to settle an eraploye's grievance where the employe did not negate the authority of the union while he had knowledge that actio:a was being taken in his behalf.

Also, prior. Awards have decided that settlements made on the property will not be disturbed by this Board.. See Second Division No. 3815, Third Division No. 4148, No. 7061, Tao. 11503, and Fourth Division No. 1023 and No. 1053.

AWARD

Claim denied.

NATIONAL RAILROAD ADJUMIIEF4T BOARD By Order of Second Division

Attest:... ~~ ~~-.t-,.~ ,L'.-~
Lxecut:ive Secretary

Dated at Chicago, Illinois, this 27th day of Februexy, 1973.

t.