PARTIES TO DISPUTE:

J. J. MILESKY

PENN CENTRAL TRANSPORTATION COMPANY


STATEMENT OF CLAIM: This is to serve notice, as required by the rules of the National Railroad Adjustment Board, of my intention to file an ex parts submission on January 17, 1970, covering an unadjusted dispute between me and the Penn Central Railroad involving the question:

That the Penn Central Railroad, by charging me with being absent from duty without permission on certain days, during the month of December, 1907, and having me appear for and/or attend a trial, based on these charges, violated the following rules of the Agreement Effective May 1, 1942, between the Pennsylvania Railroad and the Brotherhood of Railway, Airline and Steamship Clerks: Rules 2-A-1 (a), 5-E-1 (a), 5-E-1 (h), 4-A-9, 4-E-1 (b), 4-E-1 (c) and 4-D-1 (b).






OPINION OF BOARD: It is clear from the record 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. Therefore, the claim is barred from consideration by the Division and will be dismissed.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:



That the Carrier and the Employe involved in this dispute are respectively Carrier and Employe 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










Dated at Chicago, Illinois, this 17th day of December 1970.

Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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