Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11526
SECOND DIVISION Docket No. 11348-I:
88-2-86-2-159
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.

(Robert E. Gilroy PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

The dispute involves my seniority remaining at a closed out point in violation of Implementing Agreements. Thus, putting me in a worse position concerning my employment, wages, benefits and pension. I want all of my seniority, plus the rights and privileges it entitles me to.

FINDINGS:

The Second Division of the Adjustment Board upon the whole record arid 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.



In September 1945, Claimant became employed by the former New York Central ("NYC") in Bellefontaine, Ohio; after he was furloughed in February 1961, Claimant took another position with the former NYC in Cleveland, Ohio. In August 1976, Claimant voluntarily bid into a position in Columbus, Ohio; rye again was furloughed in July 1982. Because of Claimant's voluntary bid to the Columbus, Ohio, position, Carrier classified Claimant as retaining his seniority rights at Bellefontaine. Carrier, currently, is not operating a facility at Bellefontaine, so Claimant remains on furlough. The Claimant pursues this matter on his own behalf, seeking either a recall to pick up all his seniority rights calculated from a start date of 1948 in his home district, or a dovetailed position in the post-merger regional seniority roster.

This Board has reviewed the record in this case, and we must find that this matter was not properly progressed to this Board. Therefore, the Claim must be dismissed for lack of jurisdiction.
Form 1 Award No. 11526
Page 2 Docket No. 11348-I
88-2-86-2-159

This Board only gains jurisdiction over a dispute after it has been low
progressed to this Board as required by the terms of the Railway Labor Act.
Section 3, First (i) of the Railway Labor Act states:
"The disputes between an employee . . . and a carrier
. . . growing out of grievances or out of the interpre
tation or application of agreements concerning rates of
pay, rules or working conditions, . . . shall be handled
in the usual manner up to and including the chief operating
officer of the carrier designated to handle such disputes;
but failing to reach an adjustment in this manner, the
disputes may be referred to . . . the appropriate division
of the Adjustment Board . . .
Inasmuch as petitioner's Claim was not handled up to and including
the Senior Director before it was presented to this Division, it must be
dismissed. (See First Division Award 20741, Second Division Award 1404 and
Third Division Award 15075).
A W A R D






Attest:,~ !
Nancy J. r - Executive Secreta~ ry

        Dated at Chicago, Illinois, this 3rd day of August 1988.