Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13245
Docket No. 13181
98-2-96-2-75
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(J. L. Ayers
PARTIES TO DISPUTE:
(Norfolk Southern Railway
STATEMENT OF CLAIM:
"1. That the Chattanooga Diesel Locomotive Shop of Norfolk-Southern
Railway on January 15, 1996, violated the Controlling Agreement,
Rule 35, by failure to notify Employee of claim denial within
Agreement time limits (more than IO days late).
2. Denial of valid claim appeal for Controlling Agreement, Rule 35.
Carrier violation (Item I above) by Carrier's highest ranking
official on March 28, 1996.
3. That the Chattanooga Diesel Locomotive Shop of Norfolk-Southern
Railway on January 25, 1996, denied Employee's valid wage,
vacation pay, and seniority claim in association with Carrier's
violation of the Controlling Agreement and the terms and conditions
of Employee's transfer agreement with the Carrier.
4. March 28, 1996, denial of valid claim appeal (Item 3 above) to the
Carrier's highest ranking official for Carrier's violation of the
Controlling Agreement and the terms and conditions of Employee's
transfer agreement with the Carrier."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 13245
Page 2 Docket No. 13181
98-2-96-2-75
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Carrier has raised a procedural issue in this case. It argues the dispute was not
handled in conference on the property. Therefore, this Board lacks jurisdiction.
Section 2, Second and Section 3, First (i) of the Railway Labor Act, as amended,
require a conference on the dispute must be held. The record in this case is void of any
evidence that such a conference was held. Accordingly, it is not possible to discuss the
merits of the case. In accordance with the numerous Awards of all Divisions of this
Board, the claim is procedurally defective and must be dismissed.
AWARD
Claim dismissed.
ORDER
This Board. after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 30th day of March 1998.