't


F orm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7156
 ' SECOND DIVISION Docket No. 6989-I
 2-PCT-I-'76


Parties to Dispute:

Dispute: Claim of Employes:














Form 1 Page 2

 Findings:
Award No. 7156
 Docket No. 6989-T.
 2-PCT-I-'76

 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 21, 193+.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Review of the record clearly shows 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 and as required by Section 3, First (i) of the Railway Labor Act and Circular No. 1. of the National Railroad Adjustment Board. Further, certain aspects of the Petitioner's claim are covered for any applicable remedy under the Merger Protective Agreement exclusively. The Petitioner's claim is, therefore, barred from consideration by this Board.

 A W A R D

 Claim dismissed.

 Attest: Executive Secretary

 National Railroad Adjustment Board

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division


By
 semarie ~Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 29th day of October, 1976.







Mr. John W. Kowalczyk

 47 Dedham Parkway , ~Dedham, Massachusetts 02026 ~ `~c~ ~y,
                                                  ;.~

                                                      r! -


Dear Six: ~ , `'~ s I

                                          .x,


Referee Herbert L. Marx, Jr. has transmitted to this Division of the National Railroad Adjustment Board, your letter dated November 5 1 6: also the National Labor Relations Board has transmitted to this Division your letter of November 4, 1976, addressed to President Gerald R. Ford, all in connection with Second Division Award No. 7156, Docket No. 6898-I.

 The above Award clearly delineates the reasons fox dismissal of your claim, namely, that it was not handled on the property of the Carrier in accordance with the provisions of the applicable collective bargaining agreement and as required by Section 3, First (i) of the Railway Labor Act and Circular No. 1 of the National Railroad Adjustment Board.

 This Division's letter of August 28, 197+, addressed to you, outlined the required procedure in submitting cases fox adjustment. Included therein was a quotation of Section 3, First (i) of the Railway Labor Act which provided that all grievances ":hall be handled in the usual manner up to and including the chief operating officer of the Carrier." Also attached. to that letter was a copy of Circular No. 1 for your information and guidance. That letter also quoted paragraphs outlining how submissions should be prepared.

                              Very truly yours,


                              Executive Secretary

                              National Railroad Adjustment Board

                              By Order of Second Division


                                              ~_._. _.__


                              By - / Z~

                              Rosemarie Brasch

Administrative Assistant cc: Referee Herbert L. Marx, ,Jx.

    Mr. John C. Truesdale Executive Secretary National Labor Relations Board Washington, D. C. 20570


rb
 NS,

\~-N Ni

.,
                                                  ...


    NATIONAL LABOR RELATIONSI~%I'

    Washington, D.C. 205'70 NVV 1 $ 1976


                              SECOND DIVIS1014


                      November 16, 1976


Mr. E. J. Haesaert
 Vice Chairman
 National Railroad Adjustment Board
 Second Floor, Room 2028
 220 South State Street
 Chicago, Illinois 60604 a
 Dear Mr. Haesaert: s,
 The enclosed correspondence from John W. Kowalczyk
 was referred to the National Labor Relations Board for con
 sideration. A review of the materials submitted by Mr. Kowalczyk
 indicates that the matter he complains of does not come under the
 jurisdiction of this Agency. In these circumstances, I am
 forwarding it to the National Railroad Adjustment Board for its
 consideration. Mr. Kowalczyk has not been advised of this
 s
 referral.
                            Very truly yours,

                            ~/rli~ ~,~,John C. Truesdale

                            Executive Secretary t


Enclosure
 Gerald t . ., v T'Ca

 'y') ` ~,~ :1 .
 ~3'C':~1GE.:i:~, ~
    . ,_ ,.

.'~:11~v r:~t:5~:
    ,_ _. -


c.~.._:_.':t~,.Ca p tf . l r

 1.

 ~~JI1~E3S Of ATi:,'r'1
 Pon-a 2(a)

 T~". jCyP_ i'I. j.On'''~CZ'~:'
    ... ~ ~ , .

    ~"':c:;.."? ='?'' ,ro_

          r=~. ~..y


Dedh~az, t.·4ss:,>.chusttts 020?6

 c'..Uv:v'_ . !.,'M)-; urji'r.., u.. ~.

 ;1

 1lf: n;,f,.o.

 is iLi,W.'C A 'ell ...., :.t: ai .il'n :i.

 fir. J. 11. s^.'.'-.thqh, ;'x'.'17 Q?' T)1. T. ahor ..', ~1 _:r:i.on.^, Cn r .._.~ ,
 u..o:~ c.~_,;e;~ ~.~ il t:'ar'no-- ·wt
 ~-^C'?...~?'~- . ;.il`1 C.'c.:..:r·'il
                  _ , .

?:c~:~:.: ._ __ . ,~1 x YC;m C;cni;ct^

 o J~ ~ n ~~,

 Coo.. .: O;__ <.v. i_7;1 c '.I,~.

 a i . _ ~~:W.i.'(:~ y(;

 ii^.1 ._...' N _, .-o.' _ '.l (:

 · ._ ._.