NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-19744
Irwin M, Lieberman, Referee
PARTIES TO DISPUTE:
(George P. Baker, Richard C, Bond, Jervis Langdon, Jr., and
( Willard Wirtz, Trustees of the Property of
( Penn Central Transportation Company, Debtor
STATEMENT OF CLAIM: This is to serve notice, as requested by the rules of the
National Railroad Adjustment Board, of my intention to file
an ex parte submission on (30 days from the date of this notice) covering an
unadjusted dispute between me and the Penn Central Railroad, involving the
question:
I, the undersigned, Edward Raach, claim whatever retroactive, paymentamount due, during my emplo
from July 1944 to August 1948.
I was stationed at Pier 52, West 12th St., New York City and my job
was abolished and terminated by the company, for no reason.
This claim is being submitted in compliance with the Railway Labor
Act of June 21, 1934 and a copy furnished to Mr. Moore, President of Penn Central
Railroad, 2 Penn Plaza, Philadelphia, Pa., and postal, registered-receipt attached
herewith.
If circumstances require, I am willing to appear for an oral hearing.
OPINION OF BOARD: The claim herein is based on an occurrence alleged to have
transpired about twenty-five years ago and there is no
evidence that this claim was presented or handled on the property at any time.
The claim, therefore, was not handled on the property in accordance with the
provisions of the applicable collective bargaining agreement or as required
by Section 3, First (i) of the Railway Labor Act and Circular No. 1 of the
National Railroad Adjustment Board. For this reason the claim is barred from
consideration by this Board and 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
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
Award Number 19728 Page 2
Docket Number MS-19744
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 30th day of April 1973.
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