Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10421
SECOND DIVISION Docket No. 10229-I
2-NRPC-I-SMW-'85
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
( Frank M. Flynn
Parties to Dispute:
( The National Railroad Passenger Corporation
Dispute: Claim of Employes:
This claim is on behalf of Employee, Frank Flynn, Sheet Metal Worker, a
member of the Sheet Metal Workers International in the employ of Carrier, The
National Railroad Passenger Corporation, hereinafter "the Carrier", for
reinstatement of employment, seniority and for lost wages from his date of
discharge on March 27, 1982, until the date of his reinstatement.
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.
After a thorough review and careful consideration of the record in this
dispute, this Board is compelled to forego both a discussion of and a determination
on the merits of the instant case because of jurisdictional considerations which
are controlling in the case at bar. The considerations which govern this Board's
authority preclude its deliberations of any claim which fails to comply with the
requirements of Section 3, First (i) of the Railway Labor Act and Circular No. 1
of the National Railroad Adjustment Board. Specifically, this Board may not rule
on the merits of a claim unless said claim falls within Agreement provisions of
the parties, is properly appealed within time provisions and with an appropriate
conference held on the property. These and other procedures must occur and be
"handled in the usual manner" before such disputes may be considered properly
submitted to this Board. This Claim is therefore barred from consideration by
long established and consistent past rulings of the National Railroad Adjustment
Board (Second Division Awards 9090, 9023, 7155, 6555).
Form 1 Award No. 10421
Page 2 Docket No. 10229-I
2-NRPC-I-SMW-'85
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
1
19,
'059e:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois this 5th day of June 1985.