(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
654CI
SECOND DIVISION Docket No.
6385-I
E
2-SOU-I-'73
The Second Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
Charles L. Hudson (Petitioner)
Parties to Dispute:
( Southern Railway Comparq
Dispute: Claim of Employes:
I desire an award for reinstatement with full pay and
benefits because I was unjustly terminated from my
employment as a pipefitter at Atlanta Diesel Shop
of Southern Railway.
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.
Parties to said dispute were given due notice of hearing
thereon.
Under Section 2 Second of the Railway Labor Act, it is
mandatory that all disputes must be considered, and if possible settled
by agreement, in conference between the parties on the property. Such a
conference is a prerequisite to aty case being referred to this Hoard.
The purpose of this section of the Act was to encourage settlement of
disputes between the parties, rather than "automatic" referrals of
disputes to the Board.
The record of this case indicates that no conference relative
to this claim was held on the property prior to its submission to this
Board. For this reason we have no alternative but to dismiss the claim
based on this procedural flaw.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
_ By Order of Second Division
Attest:
Executive Secretary
Dated at Chicago, Illinois, this 26th day of June, 1973. i