PENN CENTRAL COMPANY
and
BROTHERHOOD OF RAILWAY, AIRLINE AND
STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS
AND STATION EMPLOYES
STATEMENT OF CLAIM: Salvatore Trani, employee, hereby serves otice upon the NATIONAL ADJUSTMENT RAILROAD BOARD, of his ntention to file ex parts submission as to a dispute concerning his dismisal from the New York Central Railroad after twenty-eight (28) years of aithful service.
The question involved concerns his dismissal from the New York Central tailroad for no apparent reason after twenty-eight (28) years of faithful ervice. The railroad states that Mr. Trani did not perform all of his duties .s a porter in the building service department after returning from leave of .bsence due to sickness. Mr. Trani denies this and states that indeed he was eady, willing and able to perform all of his duties attendant to his position .nd that he was physically fit to perform all of these duties. His position now s that he has been unfairly dismissed and prohibited from performing the uties of his employment and requests a hearing at the earliest possible time.
OPINION OF BOARD: The Claimant was employed as a Mail Handler it West 29th Street, New York City. On December 16, 1967, he reported off luty on account of back trouble. He was approved for return to duty on March 28, 1968. While he was off disabled, his position was abolished arid he gad to select a new position on his return.
On April 1, 1968, Claimant exercised his seniority by displacing the ncumbent of Porter Position No. 195 at Grand Central Station with a tour of iuty from 8:00 A.M. to 5:00 P.M. (1 hour for lunch) daily except Saturday ind Sunday. He worked on April 1st, but without explanation he absented iimself until April 9th. On that date (April 9th) he called at the office of the superintendent, Building Rental and Operation, and stated that he had stayed away from work because he did not feel well and that the work was too much for him. Because the Claimant indicated he either could not or would got perform all the duties of the Porter Position, he was notified that he teas lisqualified effective with the close of his tour of duty on April 1st.
The record in this docket shows conclusively that the claim submitted :o this Division was never handled on the property in accordance with the )revisions of the applicable Agreement and as required by Section 3, First (i) of the Railway Labor Act, or Circular No. 1 of the National Railroad Adjustment Board. Furthermore, this Board is without jurisdiction to de cide a dispute between an employe and his Organization (Section 3, Firs (i) of Railway Labor Act). The claim is, therefore, barred from con sideration by the Division and will be dismissed.