NATIONAL RAILROAD ADJUSThLENT BOARD
THIRD DIVISION Docket Number MSX-19936
Benjamin Rubenstein, Referee
(Douglas L. Spencer
PARTIES TO DISPUTE:
(REA Express, Inc.
STATEMENT OF CLAIM: The claim as described by the Board, and for identification
purposes only, is as follows:
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 by
October 11, 1972 covering an unadjusted dispute between me and the REA Express
Company, Inc.,
Rule 15 Section (m) Removal from service without a Hearing or medical examination.
Rule 15 Section (f) No effort to furnish employment.
Rule 13 Denial of Supplemental Unemployment Benefits.
Rule 7 Denial of earned vacation pay.
Rule 3 Section (o) Used to remove from service or harass.
Denial of continuation of group insurance to disabled.
OPINION OF BOARD: The Record discloses that this claim was not handled on the pro
perty in accordance with Rule 11 (i) of the Agreement between
the parties. The grievant first started proceedings in a Court of law, and
then sought to process the matter himself without following procedure outlined
in the above section.
The claim, therefore, should be dismissed. Award No. 19777.
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;
Award Number 19897 Page 2
Docket Number MSX-19936
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
The claim shall be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
44.4l,~I _ ~.,~ .
Dated at Chicago, Illinois, this 8th day of August 1973.
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