Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11910
SECOND DIVISION Docket No. 11776-I
90-2-89-2-68
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Tommie J. Anderson
PARTIES TO DISPUTE:
(Illinois Central Railroad
STATEMENT OF CLAIM:
This is to serve notice, as required by the rules of the National
Railroad Adjustment Board of my intention to file an Ex Parte Submission
within thirty (30) days covering an unadjusted dispute between me and the
Illinois Central Railroad, involving my seniority and other contractual rights.
I entered the employment of Illinois Central or its predecessors
during 1943 as a laborer. I have since held various positions with Illinois
Central, including laborer, carman apprentice, carman and car inspector from
1943 until approximately 1963 at which time I was furloughed from my employment but retained seniority rights.
On November 19, 1971 I was seriously injured in Meridian, Mississippi
while employed by M & B Railroad. During 1984 I finally became physically
able to resume my employment, and applied to resume my work in accordance with
my seniority rights at Illinois Central in November, 1984. The Railroad,
however, refused to recognize my seniority and other contractual benefits and
refused to offer me employment. I was first notified on April 1, 1986 that
the company had refused to reinstate me in violation of the applicable collective bargaining and other agreements.
I am seeking compensation for my wages lost during 1985-1988. In
addition, I am seeking to have my pension benefits adjusted to reflect additional years of service and company recognition of my seniority status and
just compensation in the event the company desires to purchase my seniority
rights.
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.
Form 1 Award No. 11910
Page 2 Docket No. 11776-I
90-2-89-2-68
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
Examination of the record in this Docket demonstrates conclusively
that the Claim before this Board was neither timely filed nor timely progressed. Additionally, the matter was not discussed in conference on the
property as required by the Agreement and the Railway Labor Act. These procedural defects preclude our consideration of the matter. Under the Agreement
and the Act it must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: 010,
Nancy J. ~- Executive Secretary
Dated at Chicago, Illinois, this 1st day of August 1990.
VMW