®,u Award No. 18510
Docket No. MS-18958
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
MR. JOHN NEWTON, et al
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: THE PARTIES TO THE DISPUTE ARE:
I.
(1) The Missouri Pacific Railroad Company (Carrier); and
(2) John Newton, Nora Addison, Clarence Ambush, Clarence
Culbert, Herbert L. Wallace, Luther Wallace, Jr., George Brown,
Joe Burgess, Henry Burns, John Calhoun, Bradford Davis, Napoleon
Garrett, Curtis Hayes, James Hazel, William Jones, Leonard Lawson,
Abe Lowe, Julius L. Iles, Willie Nash, James Perry, Henry Polk,
Foisy Spottsville, James W. Tademy and Claude L. Williams (Employes).
II.
THE QUESTION INVOLVED IS:
Whether employes are entitled to supplemental unemployment
benefits and furlough allowances under the terms of the April 17,
1963 Memorandum of Agreement between the Carrier and the
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes, representative of the employes, hereinafter referred to as the Union.
III.
A DESCRIPTION OF THE DISPUTE IS AS FOLLOWS:
Employes were members of and represented by the Union at all times
material herein.
On April 17, 1963 the Carrier and the Union entered into a Memorandum of Agreement providing for certain benefits to employes, termed Supplemental Unemployment Benefits or Furlough Allowances, upon abolishment
by the Carrier of employes' positions.
On or about August 30, 1963 the Carrier abolished the position of all
the employes by discontinuing operations at its freight warehouse on Tenth
Street in Alexandria, Louisiana.
Although the employes have remained available for work since April
30, 1963, they have not been replaced in employment positions by the Carrier.
Further, although employes qualify for Supplemental Unemployment
Benefits and Furlough Allowances under the terms of the Memorandum of
Agreement of April 17, 1963, they have not received such benefits from the
Carrier.
IV.
Employes certify they have supplied the Carrier with this notice by
depositing a copy in the U. S. Mail, postage prepaid, addressed to the Carrier,
Missouri Pacific Railroad Company, at 210 North 13th Street, St. Louis,
Missouri 63103, care of its Labor Relations Director, on this the 15th day of
May, 1970.
OPINION OF BOARD: The record discloses that this claim was never
handled in the usual manner on the property as prescribed by Section 3,
First (i) of the Railway Labor Act nor was it filed with the officer of the
Carrier authorized to receive same, within the time limits as prescribed by
Rule 43 of the Controlling Agreement. Accordingly, the claim must be dismissed.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respec.
tively Carrier and Employes 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.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of April 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
18510
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