BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the District Committee of the Brotherhood that:
(a) The agreement governing hours of service and working conditions between the Railway Express Agency and the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes effective October 1, 1940 was violated at the Passaic, N. J. Agency through failure and refusal of management to allow James tefanacci his choice of representation at an alleged investigation conducted July 22, 1949 resulting in his suspension from the service without pay for three days; and
(b) The investiation shall be declared a nullity, the record of James Stefanacci cleared of' the charge and that he be reimbursed for wage loss sustained covering the three days period of suspension-August 15, 16 and 17, 1949.
EMPLOYES' STATEMENT OF FACTS: James Stefanacci is the regular occupant of a 6-day position at the Passaic, N. J. Agency titled driver, hours of assignment 9:20 A. M. to 6:00 P. M. onday to Friday inclusive, Saturday 9:20 A. M. to 3:00 P. M., salary $58.82 basic per week-day of rest Sunday-with a seniority date of January 20, 1944.
July 18, 1949, Agent W. J. Hoffman wrote a letter to Stefanacci reading:
The claim is without merit and should therefore be dismissed on the grounds: (a) that there has been no violation of the Clerks' Agreement, and (b) that the National Railroad Adjustment Board does ont have jurisdiction of the subject matter of this controversy.
OPINION OF BOARD: Our Opinion in Award 5316 also has application to the instant case.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employe within the meaning of the Railway Labor Act, as approved June 21,1934;and
The Board does not possess jurisdiction upon which to render an Award herein.