STATEMENT OP CLAIM: As requested by the Adjustment Board, I am sending 15 copies of my letter and I will try to explain why I thought I was given a raw or dirty deal by the C&O - B&O Railroad. I started working for the Pullman Company when I was 18 years old, in their laundry on February 29, 1929, and in November, 1941, I transferred to the passenger department as a Pullman Conductor. I held this job until the railroads started operating their own sleeping cars on January 1, 1;369.
About June or July, 1968, knowing that the railroads were going to take over the sleeping car service on .Ian. 1, 1969, I started to look for a job as protection. I was given a good lead, that the C&0 - B&O Railroad wanted a mature man to drive one of their little pick-up trucks. I contacted Mr. Kerr, C&O - B&O, Personnel, Cincinm.ti Union Terminal, Cincinnati, Ohio. I was given all of their tests and passad all except the last one, which they said showed arthritis of the back or spine. After a conversation with my Superintendent, he went to see Mr. Kerr and told him that there wasn't anything wrong with my back as I couldn't carry all those heavy passengers' bags shrough the day coaches to the Pullman cars and do this every trip, year in and year out, and be high man in trap: .;ales, Mr. Kerr then told my Sup:,intendent, he would not hire me and = took for granted that I really bad arthritis of the back. Later I was told that any man over 40 years of age, having X-rays taken of their back were bound to show arthritis of some kind. At that time I was 57 years old and that kept me from getting the job, etc.
OPINION OF BOARD: The record indicates that Claimant was employed by the Pullman Company for a period of years and was employed as a Pullman Conductor when the Pullman Company discontinued operating sleeping car service effective as of January 1, 1969.
Being aware of the fact that the Pullman Company planned to cease operation of sleeping car service Claimant endeavored to secure other employment and made application for employment with the Baltimore & Ohio Railroad Company. His application for employment was not approved.
The jurisdiction of this Board is confined to disputes between an employe or employes and a carrier or carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions. (See Section 3, First (i) of the Railway Labor Act). Since Claimant was not an employe as that term is defined in the Railway Labor Act no grievance or dispute exists over which this Board has jurisdiction and the claim must be dismissed.