PARTIES TO DISPUTE:



BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES


STATEMENT OF CLAIM: That the employer entered into a new shop agreement with the union and under the terms of the union, the employe was to pay his dues to the new union, and that the employe did tender the necessary duties in a timely manner and fashion, and that the union denies receiving the dues and requested the employer to discharge the employe in accordance with the terms of the new agreement.


OPINION OF BOARD: The Claimant attempts before the Board to assert a claim that the Carrier and the Brotherhood of Railway and Steamship Clerks violated the effective Agreement covering Carrier's clerical and station employes.


This Board is without jurisdiction to decide a dispute between an employe and his Organization (Section 3, First (i) of Railway Labor Act). We must, therefore, dismiss the claim against the Brotherhood of Railway and Steamship Clerks.


A Union Shop Agreement was duly entered into between Railway Express Agency, Inc., and its employes represented by the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, which agreement by its terms became effective on April 1, 1952.


Under date of December 10, 1965, the Brotherhood was certified by the National Mediation Board as the representative, for the purposes set forth in the Railway Labor Act, of Railway Express Agency employes of the class or craft of clerical, office, station and storehouse employes. This class or craft included employes formerly represented by the International Brotherhood of Teamsters, one of whom was the Claimant in this dispute.


The Union Shop Agreement provided, among other things, that employes must maintain membership in the organization representing them so, effective with the certification, employes formerly represented by the Teamsters,

including the Claimant, were obligated to become members of and maintain membership in the Brotherhood.

 Under date of June 22 1966, General Chairman H. J. Ripp, of the Brotherhood wrote to R. A. Blackstone, Division Operations Manager of the Railway Agency in Chicago, as follows:



Under date of June 29, 1966, the Railway Agency representative wrote to the Claimant, as follows:


If you dispute the fact that you have failed to comply with this Agreement, and wish to continue your employment with the Company, you must request a hearing within ten days of the date of this notice. This request must be in writing and addressed to the undersigned at the above address."


Under date of July 6, 1966, the Claimant did request a hearing and on July 14, 1966, R. L. Owen, the Acting Operations Manager of the Railway Agency, wrote to the Claimant as follows:




Under date of July 23, 1966, the following communication was forwarded to the Claimant by Mr. Owen:


It has been established that you failed to make application to the Brotherhood of Railway and Steamship Clerks, Lodge 2350 within the terms of the Agreement which established the fact that you had 60 days in which to make such application commencing April 1, 1966.


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Under date of July 29, 1966, Claimant wrote to J. N. Meisten, Vice President-Personnel, inquiring as to his status. On August 8, 1966, he was advised as follows:



Under date of November 16, 1966 an attorney, H. H. Margues, of Chicago, wrote to Mr. Meisten with reference to this matter and was advised ~by letter dated November 29, 1966, that he take the matter up with Mr. Yarwood, Director of Operations of REA Express in Chicago. Mr. Margues wrote to Mr. Yarwood by letter dated December 1, 1966, and under date of December 12, 1966, Mr. Yarwood wrote to Mr. Margules, as follows:





Mr. Margules wrote to Mr. Yarwood on December 15, 1966, and under date of March 7, 1967, wrote that he intended to submit this dispute to this Board. The letter of March 7, 1967, was addressed to Mr. Meisten and received by this Board on April 3, 1967.


After a careful examination of the record in this dispute, we find that the claim has not been properly progressed on the property, as required by Section 4 (b) of the Union Shop Agreement between the Railway Express Agency, Inc., and the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, which became effective April 1, 1952. We find that the Claimant did not appeal the decision dismissing him from service for failure to comply with the Union Shop Agreement to the Director of Operations, the highest officer of the Carrier designated to handle such appeals within nine calendar days of the date of such decision. It must, therefore, be dismissed. See Awards 15384, 14600, 14258, 13307, 12776, 11980 and 10548 of the Third Division and Awards 17203, 17204, 17205, 18635 and 20216 of First Division.


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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 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 between the Employe and the Carrier involved herein.










Dated at Chicago, Illinois, this 10th day of May 1968.

 Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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