NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20083
Frederick R. Blackwell, Referee
(William H. Lee
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
( (Northern Region)
STATEMENT OF CLAIM: This is to serve notice, as required by 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 betwee
the question:
Whether the undersigned was validly found to have threatened his
supervisor; and whether the penalty, dismissal from the service of the Company,
has properly imposed.
OPINION OF BOARD: Claimant presented this claim by filing an ex parte sub-
mission, pro se, in connection with his dismissal from Car-ier's service on March 3, 1970 follow
f threatening his foreman with bodily harm. On March 16, 1970 Carrier's Division
Engineer Cross received a telegram signed Eddie D. Smith, attorney, which stated
that Mr. Smith had been retained by claimant in regard to his dismissal from Carrier's service. The
of "intra union or company remedies" and also stated that-the telegram should be
construed as an appeal. By letter dated March 25, 1970 the Carrier acknowledged
receipt of the telegram and provided a copy of the hearing transcript, a copy of
the applicable Agreement, and the name and address of the official with whom to
file an appeal. No further action to progress the claim was taken until October
11, 1972, when the claimant himself filed with this Board a notice of intent to
file an ex parts submission.
The Carrier contends the claim is not properly before the Board in that
the claim has not been handled properly under the Railway Labor Act nor in accordance with the rules
A review of the above stated facts and the whole record makes it clear
that Carrier's contention is valid. The claim was not handled on the property of
the Carrier in accordance with the provisions of the applicable Agreement nor as
required by Section 3, First (i) of the Railway Labor Act and Circular No. 1 of
the National Railroad Adjustment Board. The claim is therefore barred from consideration by the Boar
Award Number 19809 page 2
Docket Number MS-20083
FIR'DITUS: The Third Division of the Adjustment Board, upon the Whole record
and all the evidence, finds and holds:
That the pasties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employee 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.
A W A $ D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of Third Division
ATTEST:
1U,
I" V
Executive Secretary Dated at Chicago, Illinois, this 20th day of June
1973.