Form 1
NATIONAL RAILROAD hDJ-~':a'.a a~T''~° BOARD
SECOND DI~.'i:"yC'~
The Second Division consisted of the .re~a.'~ax members and in
addition Referee Hctxbert h. Mlarx, Jr. when award was rendered.
( Donald J. Tv,ayer
Parties to
Dispute_:
Burlington _lMorthern Inc.
Dispute:
Claim of Employer:
rights.
Award No.
7155
Docket No.
6973-I
2-BTrT,-I_'
76
I feel
that I have peen unjustly dealt with and denied ray
I made every effort to displace a junior man according to my
seniority and if I did not it was because no roster was posted.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox carriers and the employe or employer involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June
21, 193-.
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 claim was not handled by the claimant pursuant to Sections 2 and
3
First (i) of the Railway Labo.^ Act, as amended, in that no conference was
held prior to the claim being submitted to this Board. Accordingly it is
barred. See Third Division Awards
77.434, 11484, 11896, Second Division
Awards
4852, 6239
and
65+0,
A W A R D
Claim dismissed.
Attest: Executive Secretary
'oval Railroad Ad'ustment Boa d
BY
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
-7
semaxie Brasch
Administrative Assistant
Dated at Chicago, Illinois, this 29th day of October,
1976.