NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MSX-19809
Irwin M. Lieberman, Referee
(Roman Rozanski
PARTIES TO DISPUTE:
(REA Express
STATEMENT OF CLAIM; This is to serve notice as required by the rules of the
National Railroad Adjustment Board, of my intention to
file an ex parts submission on the 30 days from the date of the letter dated
as of April the 19th of April 1972, covering an adjustment of dispute between
me and the Railway Express Agency, involving the question of vacation.
Part B 2 : That in 1971 I was promised a vacation by the manager and
have not received it, since I was a furlough employee at that time and also
ninth on the list, every furlough employee above received their vacation but
me. Here is my work list of dates that I have worked in 1971.
Jan. (14 days) dates 13-14-15-16-17-19-20-21-23-25-27-29-30.
Feb. (8 days) 1-5-6-10-11-17-18-25.
March (3 days) 11-12-27
ipril (none)
May (7 days) 5-6-10-12-13-14-20.
June (4 days) 1-2-3-18.
July (6 days) 14-15-19-20-23-29.
Aug. (11 days) 6-12-13-17-18-19-20-25-26-27-30.
Sept. (9 days) 1-2-3-13-14-15-16-17-24.
Oct. (none)
And then on November the 26th I have received employment someplace else, so my
record shows that I have worked the total of 62 days in that year for the R.E.A.
and that I should be able to receive a vacation from the company for the year of
1971.
The ruling that the company had was as follows, that a furlough employee
must qualify for a vacation by working an average of three days a week for two
months immediately preceeding his request for a vacation.
Award Number 1912 Page 2
Docket Number MSX-19809
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 provi
sions 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. Claimant ignored Rule 11 (i) and filed his claim
directly with this Board. Therefore, the claim is barred from consideration by
the Division and will be dismissed.
The record discloses that the Brotherhood of Railway, Airline and
Steamship Clerks, Freight Handlers, Express and Station Employes appeared as
an interested third party and filed a submission in support of the claim; but
since the matter has not been handled in the usual manner on the property, we
cannot consider other issues.
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 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 R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 2M day of
,7ym
1973