NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-19925
Joseph A, Sickles, Referee
(The Chicago Union Station Company
STATEMENT OF CLAIM: This letter is to let you know that within 30 days after
you receive this letter I will submit 15 copies of my dis
pute between the Chicago
UNION
Station and I, which is my being dismissed with
out proper legal grounds acted upon by the carrier in question. I was fired
without an investigation which is my legal right under present union law
(Brotherhood of Railway Clerks - local 342 - Wm. B, Murphy, General C'airman).
I will show that I was intentionally ignored by the Chicago
UNION
Stat on
Company, and that all of my medical and eickleave were in fact dismissed by
OPINION
OF BOARD: This dispute concerns Claimant's absence from his employment
commencing in the Summer of 1970, A review of the entire
record shows numerous assertions concerning the cause of the absence, basis for
temination, misunderstanding of employment status, reasons for non-attendance at
a hearing, etc. Although no specific finding is made in this regard, if Claimant
were given the benefit of all doubts, and all conflicts in the record were to be
resolved in his favor, it appears obvious that by at least April, 1971, Claimant
was fully advised that he was considered by the Carrier as having been dismissed
from service. As of that time, at the very latest, time limits for processing
claims or grievances began to run; yet Claimant failed to process the matter as
required by the applicable Rule.
Accordingly, a 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, after giving the parties
to thin dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway Labor Act,
as approved June 21, 1934;
,r
f3Fw W
Award Number 19785 Page 2
Docket Number MS-19925
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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Executive ecretary
Dated at Chicago, Illinois, this 25th day of May, 1973.
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