Award No. 18917 Docket No. MS-19379
FRANCES P. ERICKSON
(Formerly Frances P. Cornell)
SOUTHERN PACIFIC TRANSPORTATION COMPANY
(Pacific Lines)
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 July 18, 1971 covering an unadjusted dispute between me and the Southern Pacific Railway.
The Southern Pacific Railway violated the Agreement between the Southern Pacific Railway Company and all That Class of Clerks and other Station and Store Employes represented by the Brotherhood of Railway and Steamship Clerks, Freight Handlers, and Station Employes; Article VIII, Rule 26, Seniority, Seniority Datum and Rule 36, Failure to Qualify; Article IX, Rule 66, Sickleave; Article X, Rule 64, Health and Safety; and UB-10 (1-66), which has caused me anxiety, time lost and unpaid obligations.
OPINION OF BOARD: The Claim as presented to this Board by Claimant herein was not handled on the property of the Carrier as required by Section 3, First (i) of the Railway Labor Act and Circular No. 1 of the National Railroad Adjustment Board or in accordance with the provisions of the applicable collective bargaining agreement. Therefore, this claim is barred from consideration by this Board and must 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 Employes involved in this dispute are respectively 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; and That the claim is barred.