NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
JESUS SANCHEZ
CHICAGO AND NORTH WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM:
"This is to serve notice, as required by the
rules of the National Railroad Adjustment Board, of the intention of my
client Jesus Sanchez as represented by me, his counsel, to file an ex parte
submission on 30 days from the date of this letter covering an unadjusted
dispute between my client and the Chicago & North Western Railway Company involving the question:
1. Jesus Sanchez, a Spanish-speaking individual, who neither
reads nor speaks English, was not apprised by the Carrier of his
right to appeal within 10 days following a decision to dismiss him
issued pursuant to a disciplinary hearing, as set out in the Brotherhood of Maintenance of Way Employes Working Conditions Agreement with the Chicago and North Western Railway Company, effective September 1, 1961.
Instead, an employe and agent of Carrier wrongfully advised
.Jesus Sanchez, through a representative of the Archdiocesan Latin
American Committee, that an appeal must be filed through the
Chairman of the Brotherhood of Maintenance of Way Employes.
2. Jesus Sanchez was wrongfully denied by Carrier of his right
to appeal the above mentioned decision rendered on May 4, 1970 to
dismiss him from employment with the Carrier.
3. Carrier violated the above-mentioned agreement when it refused to grant Jesus Sanchez the full vacation pay he had earned
for the preceding year even though Jesus Sanchez qualified for such
pay.
OPINION OF BOARD:
The record in this case reveals that Claimant
was given a hearing on April 24, 1970 and as a result of said hearing was
dismissed from service effective April 28, 1970.
The record in this docket clearly shows that the claim 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: That 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 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: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 29th day of April 1971.
Keenan Printing
CO.,
Chicago, III. Printed in U.S.A.
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