NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-19214
Thomas L. Hayes, Referee
(Albert Taylor
PARTIES TO DISPUTE:
(The Cincinnati Union Terminal Company
STATEMENT OF CLAIM: I am having the following Disputes with the Cincinnati Union
Terminal Company in baggage and mail department.
According to the Job Annual Wage Stabilization, we are guaranteed a
forty-hour week but we are not getting it. I am receiving Railroad Unemployment
Compensation, $12.70 per day. That makes a total of $127.00 every two weeks. I
also understand that the Company is supposed to supplement the pay as they are
doing at the Dayton Terminal Company. But they are not doing that in Cincinnati
Terminal Company, since my termination.
Due to mail declination, the Company has not paid the Separation Allowance they're supposed to.
Agreement.
Also as a member of the Brotherhood of Railway Clerks and Station Employees (AFL/CIO) Local 207,
Union of which Mr. T. C. Burch is General Chairman.
Sir, at your earliest convenience, will you look into the matter. An
oral hearing is desired;
OPINION OF BOARD: Claimant, Albert Taylor, personally handled this claim on
the property and received an oral hearing in regard to
said claim from Mr. Robert Goeke, Carrier's Personnel Supervisor.
Mr. Taylor personally filed this claim with this Board alleging that
the claim involved is the February Seventh Agreement (February 7, 1965 Job
Stabilization Agreement) and that under Section (3) thereof, (Article 1, Section
3), Carrier is required to supplement its pay to its employes, which it is not
doing; Claimant is receiving Railroad Unemployment Compensation of $12.70 per
day, or $127.00 every two weeks; that Carrier is required to pay a separation
allowance, which it is not doing; that referring to the type of business set
forth under Section (3) (Article I, Section 3), Carrier has no ton miles to be
used in reduction of forces, and thus Carrier could not abolish any positions
without this supplemental Agreement.
Award Number 19289 Page 2
Docket Number MS-19214
Carrier challenges the jurisdiction of this Board to hear this
dispute claiming that the proper forum for hearing such a dispute as is involved herein is before th
Sections 1, 2, 3, 4, and 5 of the February 7, 1965 Job Stabilization Agreement.
With this contention, we agree. Claimant is relying solely on the
application of the February 7, 1965 Job Stabilization Agreement, claiming that
Carrier violated it in this instance. Thus, since the said February 7, 1965
Job Stabilization Agreement provides the machinery for handling disputes such as
is involved herein, therefore the proper forum for the determination of this dispute is said "Disput
prejudice.
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
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
Claim dismissed without prejudice.
A W A R D
Claim dismissed without prejudice.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of June 1972.