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Award No. 19179
Docket No. MS-19488
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
William M. Edgett, Referee
PARTIES TO DISPUTE:
GENE H. HARRISON, et al
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY -WesternLines-
STATEMENT OF CLAIM: This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of our intention to file an ex parte
submission on September 20, 1971 covering an unadjusted dispute between us
and the Atchison, Topeka and Santa Fe Railroad involving the question:
Transferring of clerical work from the Mechanical Dept. to the
Station Dept. and Showing discriminatory handling of the clerks
(Mechanical) affected to wit:
Allowing some points (Slaton, Texas & Wellington, Kansas), to
dovetail their Mechanical seniority in on the Station roster, but only a
few at Amarillo and Waynoka to do this, and with a May - 1965 date,
(following last protected employe on Station roster), thus, making these
employes senior on the station roster to those formerly senior to them
on the Mechanical roster. All over handling was inconsistent. All of our
union officials are now, or formerly, from the Station Dept. We resolve
to consolidate Station & Mee]. rosters dovetailing seniority.
OPINION OF BOARD:
Review of 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: 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 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 must be dismissed.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 12th clay of May 1972.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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