Form 1 NATIONAL RAILROAD ADJUSTMERT BOARD Award No. 6981
SECOND DIVISION Docket No. 6885-I
2-KCS-I-'76

The Second Division consisted of the regular members and in addition Referee Walter C. Wallace when award was rendered.

( Mozell Kimp, Petitioner

Parties to Dispute:

( Kansas City Southern Railway Company

Dispute: Claim of Employes:

I am Mozell Kimp, Social Security Number 435-05-8788, and I work for Kansas City Southern Lines. My work card # is 2305. I began working for KCS on March 4, 1941.

On the 1973 Seniority List, marked "Exhibit A", my seniority date reads "4-3-67". It :should read "3-4-41".

I enclose and mark "Exhibit B" citation for "twenty-five years unbroken service" dated March 3, 1966.

I enclose and mark "Exhibit C" a Seniority list showing my seniority date as of 7-2-41.

I feel that my seniority should be changed to 1941.

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 ox 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.

It is clear from the record that the claim the Petitioner is attempting to assert before this Board was not handled on the property of the Carrier in accordance with the provisions of the applicable collective bargaining agreement; Circular No. 1 of the National Railroad Adjustment Board and as required by Section 3, First (i) of the Railway Labor Act. Therefore the claim is barred from consideration by the Division and will be dismissed. See the following Second Division Awards:

I

J

Form 1 Award No.6981
Page 2 Docket No. 6885-I
2-KCS-I-'76

6829 - Zumas

6874 - O'Brien

6810 - Zumas

6941 - Twomey

6953 - No referee

6555 - Lieberman

6520 - Franden

6506 - Lieberman

6496 - McGovern

6484 - Shapiro

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

e~arie Brasch - Adminis*ative Assistant

Dated at Chicago, Illinois, this 9th day of January, 1976.