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:
(Consolidated Rail Corporation
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.
Parties to said dispute waived right of appearance at hearing thereon.
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
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:,~ !
Nancy J. r - Executive Secreta~ ry
Dated at Chicago, Illinois, this 3rd day of August 1988.