Award Number 17796
Docket Number MC-18447
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Francis X. Quinn, Referee
PARTIES TO DISPUTE
SAMUEL COOPER
THE PULLMAN COMPANY
STATEMENT OF CLAIM: In the matter of a dispute between
Samuel Cooper
308 Florida Street
Buffalo, New York 14208
Petitioner
and
The Pullman Company
165 North Canal Street
Chicago, Illinois 60606
Respondent
This dispute arises under an agreement between The Pullman Company
and the Brotherhood of Sleeping-Car Porters dated May 27, 1968. A copy of
the Agreement is attached, marked Exhibit A.
Article V, Section 1, of the Agreement provides as follows:
"Any dispute involving the interpretation or application of any of
the terms of this agreement not settled with the company within
thirty (30) days after the date the dispute arises may be submitted
by either party for final and binding resolution in accordance with
the provisions of Section 3 of the Railway Labor Act, amended."
The Pullman Company has denied petitioner's claim for relief herein by
letters dated April 16, 1969, April 24, 1969, June 4, 1969, and September 26,
1969. Further, as provided under 29 C.F.R. 301.5(d), substantially all of the
data submitted in support of petitioner's positions herein was contained in
petitioner's letter of claim to The Pullman Company dated May 26, 1969. (Exhibit B) Accordingly, all pre-arbitration requirements have been satisfied.
OPINION OF BOARD:
A careful review of the record indicates that
the claim the Petitioner is attempting to assert before this 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.
A discussion of the merits of this case would not be proper at this
time.
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, 1954;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the facts of record show that this matter has not been properly
progressed to the Board.
AWARD
Claim dismissed without prejudice.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th day of March 1970.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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