Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
Award No. 7088
SECOND D:LVTSTON Docket No.
6900-I
2-sP(PL)-I-'76
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( Dennis A. Valdez, Petitioner
Parties to Dispute:
( Southern Pacific Transportation Company (Pacific Lines)
Dispute: Claim of Employes:
Because I was illegally furloughed, I expect to be reinstated and to
receive all wages due me. I was furloughed on January
24, 1975.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employs or employes involved in this
dispute are respectively carrier and employs within the meaning of the Railway
Labor Act as approved June
el, 1934.
This Division of the Adjustment Board has jurisdictibn over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
It is clear beyond question that the Claim the Petitioner is attempting
to assert before this Board was not handled on the property of the Carrier in
accordance with Rule
28
of the current agreement of the parties and as required
by Section
3,
First (i) of the Railway Labor Act. Therefore the claim is
barred from consideration by this Division and must be dismissed. See the
following Second Division Awards:
7026, 6992, 687+, 6829, 6810, 6555, 6520,
6506, 6496
and
6484.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
B. --- 11-1
P~'
Y
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this
14th day of July, 1976.