Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10390
SECOND DIVISION Locket No. 9497-I
2-ICG-I-'85
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( Mr. Edward Anthony, et a1.
Parties to Dispute:
( Illinois Central Gulf Railroad
Dispute: Claim of Employes:
For failure to recall 22 employees from furlough before the company hired
other employees between 195 7-1963, we request compensation for funds lost
and rights violated.
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 employes 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 were given due notice of hearing thereon.
The instant claim was filed by twenty-two individuals who were employed by
the Carrier at its Johnston Car Shop located in Memphis, Tenn. A11 twenty-two
Claimants were furloughed from their positions in October, 1957. They were not
recalled until 1963. They all immediately returned to service when they were
recalled. Between 1957 and 1963, the Carrier hired new employes who performed
duties similar to those performed by the Claimants. The newly hired employes
finished their apprenticeship program before the Claimants. Consequently, they
acquired greater seniority than the Claimants although the Claimants were hired
before them.
The Claimants contend in their submission and in their appearance before
the Board, that since they were not recalled to service when positions became
available they were denied seniority rights; promotional opportunities; retirement
and vacation benefits. Indeed, because of their unjust treatment some of the
Claimants are not yet eligible to retire. The Claimants want this Division to
redress the injustice they experienced as a result of their protracted and
unjustified furloughs.
Form 1 Award No. 10390
Page 2 Locket No. 9497-I
2-ICG-I-'85
It is clear that they have not progressed the instant claim in the
usual manner on the property up to and including the Chief Operating Officer
designated to handle disputes of this nature. Consequently, the Claimants have
obviously failed to comply with Section 3, First (iJ, of the Railway Labor Act
in appealing their claim to this Division. Moreover, no conference was ever
held on the property in an attempt to resolve their complaint. Again, this is
required by the Railway Labor Act.
Inasmuch as this claim was not handled in the manner prescribed by the
Railway Labor Act this Division has no alternative but to dismiss it since we
lack jurisdiction to address the Claimant's contentions regardless how meritorious
they may be.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nanc J Dever - Executive Secretary
i
Dated at Chicago, Illinois, this 8th day of May 1985.