C:\AWARDS\OUT\2-08826.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8826
SECOND DIVISION Docket No. 8597-I
2-cR-I-'81
The Second Division consisted of the regular members and in addition Referee David P. Twomey when award was rendered.

( Jeffrey Michael Oker

Parties to Dispute:

( Consolidated

Rail

Corporation

Dispute: Claim of Employes:

"It is my intent to seek an award for compensation from the Carrier for the first nine months of

1977.

I charge malfeasance in this particular incident to Jack Kerns and Del Studley. These two men knew the right address and telephone numbers when the railroad railroaded me from Collinwood to the West Breakwater in November of

1971.

In January of

1973

after completing the work assignment in Twinsburg, Mrs. Bush told me she'd put me down as a 'voluntary furlough' with her assurances that either Collinwood Diesel Terminal or the Car Department would call me back in the Spring. She knew the right address and phone number as did Shirley Stone of Personell in Chicago. I never quit as Mr. Krug claims I did in

1977.

On December 10,

1976

I was recalled to C.D.T. for my old job, that of a machinist helper. The letter was sent to the wrong address which resulted in nine more months of furlough time. When is enough, enough?

Let us discuss Proof. The Carrier has my recall letter, change of address notives, and other evidence of what happened. However, I cannot submit them as evidence because the Carrier, according to the Union has sealed up my records and refuses to let Jerry Blum examine or copy them. This explanation was in response to my request for help from Jerry Blum. I went to the Union after Mr. Krug sent me to Mr. Rose, who sent me to Jerry Blum.

Let us discuss the regulations that the N.R.A.B. has rightly asked me to supply. What rules? I have been associated with both the Union and Carrier for the past ten years this April

3, 1980.

The work agreements between the Machinists and the Carrier ttraver have been available in any written form then or now. By controlling the disemination of the contracts, the Carrier and the Union have denied me knowledge, which is the same as truth. By withholding the truth from me, the Carrier ,end Union are denying roe the freedoms to those right from wrong.

How are employees (sic) Union men supposed to uphold the agreements and govern themselves when the contracts are denied us? How can we play the game without the rules?

Del Studley and Jack Kerns took it upon themselves to punish me: without trial; and they did it with a vengance. Is it right to punish me without

Form 1 Award No. 8826

Page 2 Docket No. 8597-I
2-CR-I_'81

ever acusing me? The Carrier punishes without trial. I have paid with five years of furlough. When is enough, enough? I have paid the penalty without knowing the charge.

By claiming nine monthes in

1977

I am saying stop it. I am saying that I have had enough. Ten years and I dont have a work contract; ten years and I dont have Journeymens Papers; ten years and I am not right; it is to the point where I am discerning that men can enslave other men not for ten years or 100, but forever. Ignorance is slavery to other men.

This is how the Carrier and the Union have subjected me.

I want the work contracts, I want my Journeymens Papers, and I want the right to perform without being unfairly harrassed. I'm a saying that calling for me at the wrong address was the last straw. I have suffered from these men long enough."

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, 193+. wool

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

Parties to said dispute were given due notice of hearing thereon.

The Claimant in the instant case is Jeffrey M. Oker. The record indicates that following Mr. Oker's re-entry into the Carrier's service on September 25, 1977, the officials of the International Association of Machinists and Aerospace Workers, the Claimant's representative in this matter, and the Carrier's ManagerLabor Relations discussed the Claimant's situation and agreed upon a settlement thereto. The record indicates that it was agreed that the Claimant would be given a seniority date of April 1, 1976 (not yet completing four (4) Years) on the CRC Seniority District 13 Mechanic's Roster, and a date of February 26, 197+ on the non-4-year roster. Apparently the Claimant was not satisifed with this agreed upon settlement, and is now challenging the validity of the settlement. The jurisdiction of this Board is derived from Section 3 First (i) of the Railway Labor Act. Our authority does not extend to questioning and overturning an agreement negotiated and agreed upon by the duly authorized representatives of the Employes and the Carrier. Please see Second Division Awards 1915 (No Referee), 3815 (No Referee) and 6+52 (Bergman). Also please see the following awards of this Board dealing with this issue: First Division Awards 23135 (O'Brien), 21+59 (Dorsey), Third Division Awards 4lZl$ (Robertson), 7061. (Carter), 11563 (No Referee), 21853 (Roukis), 21926 (Mead), 2230+ (Hamilton), 22318 (Eischen) and Fourth Division Awards 1023 (Dash) and 1053 (McCourt). We are compelled to dismiss this claim. Form 1 Award No. 8826
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A W A

D

Claim dismissed.

NATIONAL RAILROAD ADJUSTIrE NT BOARD

By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By ~,,~ . ____ ~~marie Brasch - Administrative Assistant Dated at (~Chicago, Illinois, this 2nd day of December, 1981.