NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
JOINT COUNCIL DINING CAR EMPLOYEES, LOCAL 351
THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
(Dining Car Department)
STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employees, Local 351, on the property of the AT&SF Railway Company, for
and on behalf of Edward B. Spencer, that he be restored to service with
compensation for net wage loss with seniority and vacation rights unimpaired since June 17, 1965, account of Carrier
suspending claimant
from
service on that date and dismissing claimant on July 31, 1965, in violation
of the Agreement between the parties and in abuse of its discretion.
OPINION OF BOARD:
The Carrier contends that this Board is barred
from considering the instant claim because of the Employes' failure to
prosecute the claim as provided in Article VI, Section 13, of the Dining
Car Employes' Agreement.
This Article reads:
"Decision by the highest officer designated to handle disputes
will be final and binding unless within sixty (60) days after written
notice of such decision the said officer is notified in writing that his
decision is not accepted. All claims or grievances involved in such
decision will be barred and deemed to have been abandoned unless
within six (6) months from date of said officer's decision proceedings are instituted before a tribunal of competent jurisdiction
established by law or agreement to secure a determination or adjudication of the rights of the parties."
From a review of the record we find that the Employes did not notify
the Carrier's "highest officer designated to handle disputes" in writing
within sixty days after written notice of his decision dismissing Claimant
from service.
We will dismiss the claim.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim should be dismissed.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 31st day of March 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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