NORMAN CHARLES HENSS, ATTORNEY AT LAW
ON BEHALF OF JAMES FLYNN
STATEMENT OF CLAIM: The Delaware & Hudson Railroad Company improperly discharged James Flynn on the ground that he failed to become a member of the Brotherhood of Maintenance of Way Employes and the claimant, therefore, is still an employe and is entitled to reinstatement as such and to wages dating from the period he was improperly discharged on July 28, 1953 until he is reinstated.
OPINION OF BOARD: Section 5 (c) of the Union Shop and Check-off Agreement between the Delaware and Hudson Railroad Corporation and its employes represented by the Brotherhood of Maintenance of Way Employes provides a final and binding procedure that must be adhered to when an employe subject to the provisions of said Agreement believes that his seniority and employment under the Rules and Working Conditions Agreement has been improperly terminated and it is his desire to appeal from such decision.
The Claimant in this instant case did not proceed in accordance with the required procedure and request that a neutral be appointed to decide the dispute.
FINDINGS: The Third Division of the Adjustment Board, 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 Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;