Award No. 15075

Docket No. MS-15956

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

R. A. YOUNGBLOOD

JACKSONVILLE TERMINAL COMPANY

STATEMENT OF CLAIM:

1. That the Carrier failed to call in Master Plumber to do plumbing on Jacksonville Terminal Company property after being ordered to do so twice by the City of Jacksonville Plumbing Inspection Department.

2. That the Carrier failed on two occasions to abide by Company Doctor's orders for me not to do sewer work.

3. That the Carrier failed to abide by Jacksonville Terminal Company and Brotherhood of Maintenance of Way Work Rules and Agreements.

4. That the Brotherhood of Maintenance of Way Employes failed to come on Terminal Company property and investigate work rights claims and abuses.

5. That the Carrier failed on three requests by Company Doctor to be put on light duty, after hospital confinements.

6. That the Carrier failed to consider the cause of disability when terminated September 21, 1964.

OPINION OF BOARD: The record is clear that the claim the Petitioner is attempting to assert before the Board was not handled on the property of the Carrier in accordance with the provisions of the applicable collective bargaining agreement and as required by Section 3, First (i) of the Railway Labor Act and Circular No. 1 of the National Railroad Adjustment Board. The claim is, therefore, barred from consideration by the Division, and will be dismissed.

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 Employe involved in this dispute are respectively Carrier and Employe within the meaning of the Railway Labor Act, as approved June 21, 1934;

That the claim is barred.

AWARD