MRS. NELDA F. MURRAY

ALABAMA, TENNESSEE AND NORTHERN RAILROAD

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 parte submission on August 10, 1970, covering an unadjusted dispute between me and the Alabama, Tennessee and Northern Railroad involving the question:

I started the railroad training school on June 16, 1969, trained six weeks, and then two weeks and two days in the field. I went to work on seniority as an Extra Board Agent-Operator August 7, 1969, with the Alabama, Tennessee and Northern Railroad at Mobile, Alabama. I worked fifty-four days before I was called on the telephone and released or discharged. I have sought unsuccessfully to have the union take up my case.

I feel that I was denied fair representation in this case, was discriminated against because I was a woman, and wrongfully discharged without any reason.

OPINION OF BOARD: At Carrier's expense, Claimant attended classroom clerical school for six weeks and underwent on the job training for two weeks. She then worked several assignments fox Carrier for a period of 54 days. On the 54th day (September 30, 1969), Claimant was notified by the Division Superintendent that her application for employment was disapproved as of that (late. Claimant contends that she was wrongfully discharged and that she was discriminated against because of her sex. Carrier urges dismissal of this dispute for the reason that Claimant failed to progress this grievance on the property as required by Sec. 3, First (i) of the Railway Labor Act in accordance with the requirement contained in Article V of the August 21, 1954 National Agreement. On the merits, Carrier relies on Item 18 of the employment application signed by Claimant which is an agreement by Claimant that Carrier may approve or reject her application for employment for any reason or cause Carrier may deem proper. The record discloses that past practice of Carrier has been to make a decision on employment applications within 60 days from applicant's first assignment.

This Board finds that the contention of Carrier that this grievance was not properly progressed on the property is well taken, and that this Board

That the parties waived oral hearing;

That the claim is barred.

AWARD