The Second Division consisted of the regular members and in addition Referee James E. Conway when award was rendered.
The Second Division of the Adjustment Board, upon the whole record and all the evidence, fords that:
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.
Claimant Williams' grievance, as with several others decided simultaneously by the Board, seeks reimbursement of meal expenses incurred while he was away from headquarters performing services for Carrier, in this case as a Radio Maintainer during the month of October, 2006. Specifically, Claimant protests Form 1 Award No. 13972
Carrier's denial of his travel expense form for that month reflecting $144.05 expended in the purchase of meals.
According to the record before the Board, on January 12, 2007, Claimant submitted a Notice of Intent to file a Submission to the National Railroad Adjustment Board (NRAB) describing the Claim recited above. It is, however, undisputed that the matter was never discussed in conference with Carrier representatives as required prior to submission of Claimant's notice.
Section 2, Second of the RLA requires that parties attempt to resolve their disputes in conference on the property prior to referring them to the NRAB Accordingly, as with the companion cases decided concurrently, Claimant's failure to process his case in accordance with the terms of the Railway Labor Act (RLA) represents a fatal procedural flaw depriving the Board of jurisdiction to reach the merits of the case.
Since the case is improperly before the Board for non-compliance with the mandatory terms of the Act, it is dismissed on jurisdictional grounds.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.