Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6692
SECOND DIVISION Docket No.
654`i
2-SOU-SMW-'74
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
( Syktem Federation No. 21, Railway Employes'
Department, A.F. of L. - C.I.O.
Parties to Dispute: ( (Sheet Metal Workers)
(
( Southern Railway Company
Dispute: Claim of Employes:
1. That Pipefitter C. L. Hudson, Atlanta Diesel Shop was
unjustly dismissed from service.
2. That Pipefitter C. L. Hudson be returned to his employment with Southern Railway with his seniority unimpaired
and all other benefits he would have enjoyed had he of
not been removed from service.
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 waived right of appearance at hearing
thereon.
This case is disposed of on a procedural defect so that it is not
necessary to discuss the merits.
Initially, the Organization processed the claim to the Carrier's
highest officer designated to handle such matters on appeal. When he
denied the claim, the claimant as an individual, disregarding the
Organization, filed his claim with the National Railroad Adjustment
Board. In so doing, the claimant ignored the requirement for a conference. Subsequently, the Organization representative met with the
Carrier representative in conference at which time the Carrier's position was that the Organization no longer could act in its representative capacity. The Organization has stated that it was duty bound to
request the conference and thereafter was obliged to file this claim
Form 1
Page 2
with the Board.
Award No.6692
Docket No. 6545
2-SOU-SMW='74
Prior to the hearing of this claim by this Division, the individual's presentation of his claim was processed resulting in Award 6540,
dismissing the claim. It was found that failure to proceed to conference as required by the Railway Labor Act Section 2, Second, presented
a procedural flaw which required dismissal.
Third Division Award 10952 and Awards cited therein have held that
pursuant to the Railway Labor Act Section
3,
First (M), Awards of this
Board are final and binding whether made on the merits or on a procedural point.
This being the same claim between the same parties which was dismissed in Award 6540 of this Division, the present claim is barred and
we are required to dismiss it.
A W A R D
Claim Dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
By
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 7th day of May, 1974.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division