NATIONAL RAILROAD ADJUSTMENT BOARD
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).
The violation of Rule 2-A-1 (a) is based on
the fact that the
bulletin advertising the extra position, which was awarded me, did
not show the days of rest.
The violation of Rule 5-E-1 (a) and (h) is based on the fact that
in the Pennsylvania Railroad's charges of being absent from duty,
no allowance was made for rest days.
The violation of Rule 4 _A-9 is based on the fact, that, as an extra
employe I had a bid position, basic wage rate, accumulation of seniority, symbol number and regular starting time, and was subject to
trial and disciplinary action for failure to report off, therefore, on
days on which I was not used, I must presume that I was called for
duty and not used and entitled to payment in accordance with this rule.
The violations of Rules 4-I3-1 (b) and 4-E-1 (b) and (c) are
based on the fact, that, I appeared for or attended a trial, two times,
and was not compensated for my time. Neither was I given a transcript of proceedings, nor was I informed of a verdict of this trial.
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 parties waived oral hearing;
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
That the claim is barred.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 17th day of December 1970.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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