NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number M$-19694
(A. E. Horn
PARTIES TO DISPUTE:
(The Denver and Rio Grande Western Railroad Company
CTATG`1ENT 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 parte submission on April 15, 1972 covering an unadjusted dispute
between us and The Denver & Rio Grande Western Railroad involving the
question:
That Carrier violated the telegrapher's June 23rd Agreement of 1967
when it made the two positions at Colorado Springs, Coiorado five day positions
instead of the seven day positions that were covered in said Agreement.
Compensation for the two telegraphers for two days each per week
while violation continues.
OPINION OF BOARD: The Petitioner alleges that when the Carrier made two seven
day positions into five day positions it violated the Tele
graphers' Agreement. A review of the record in this docket clearly shows that
the claim the Petitioner is attempting to assert before this Board was not pro
cessed on the property in accordance with the provisions of the applicable col
lective bargaining agreement, nor as required by Section 3, First (i) of the
Railway Labor Act, nor in accordance with Circular No. 1 of the National Railroad
Adjustment Board.
This Board has held that it is bound by the manner in which the claim
was processed on the property. This claim was processed improperly and it is
therefore barred from consideration by the Board and is dismissed.
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 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
Award Number 19828 Page 2
Docket Number MS-19694
That the Agreement was not violated.
A W A R D
The claim was improperly processed on the property. The claim is
dismissed. NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of June 1973.
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