Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11453
SECOND DIVISION Docket No. 11093-I
88-2-85-2-213
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Monty Lee Terry
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
Whether Amtrak's hiring practices in the Carmen craft at their Beech
Grove, Indiana Shop violates statutory hiring preferences granted by Section
703 and 704 of the Regional Rail Reorganization Act. That in finding that my
right has been violated I should be granted full back pay and seniority rights
for the period including June 24, 1983, to the present.
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.
On July 6, 1981, Claimant was furloughed by Conrail from his Carman
position at Beech Grove, Indiana. Claimant subsequently twice applied for
employment with Carrier. Carrier did not offer employment to Claimant. Claimant thereafter filed a claim on his own behalf, asserting that by failing to
offer him employment, Carrier violated Claimant's statutory right to hiring
preference.
This Board has reviewed the evidence in this case, and we find that
the procedures are clear and the Claimant did not abide by them. The Claimant
did not submit the grievance to any of the designated Carrier officers. In
previous cases, this Board has found that the claim must be handled in the
usual manner. (See Second Division Award 10921.) This one was not. Hence,
the Claim must be dismissed.
A W A R D
Claim dismissed.
Form 1 Award No. 11453
Page 2 Docket No. 11093-I
88-2-85-2-213
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.
W
- Executive Secretary
Dated at Chicago, Illinois, this 6th day of April 1988.