NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MSX-20220
Irwin M. Lieberman, Referee
(K. B. Woosley
PARTIES TO DISPUTE:
(REA Express, Inc.
STATEMENT OF CLAIM: This is to serve notice, as required by the rules of the
National Railroad Adjustment Board, of my intentions to
file an ex parts submission on April 23, 1973 covering an unadjusted dispute
between me and the R.E.A. Express involving the questions:
STATEMENT OF CLAIM
The R.E.A. Express refuses to pay S.U.B. benefits as per Rule 13 in '~
union agreement which states that employees with 2 years and less than 10
years service are eligible for 522 benefit days at $15.00 per day.
R.E.A. Express Agent D. D. Baird at Beaumont, Texas accepted my first
2 claims which indicates that he is in agreement with me that I am due the benefits as he knows all
in. However, he did accept the claim.
I was the only employee at Jasper, Texas for four years and three
months, when job was abolished, not even receiving a vacation, although vacation pay was allowed acc
6 hours in office and 2 hours for outside delivery, making damage inspections,
pick up outbound shipments, etc. This schedule was observed 5 days a week and
occasionally 6 days a week. Copy of office stamp furnished me by the R.E.A.
Express, imprinted on bottom of this letter, to place on postal notices for out
of town customers who had to drive to Jasper from cities within a 50 mile
radius of Jasper. I had to stay in office a certain number of hours to accomodate these customers. I
closed and was still observing these hours.
I am attaching copy of holiday schedule, furnished me by the Express
Company, of holidays to be observed in compliance with the B.R.A.C. and I.A.M.
in 1972, last full year worked. I am a full fledged paid up B.R.A.C. union member which was required
employees.
I ask you does the above sound like a part time employee as claimed by
the R.E.A. Express Company upon which they base their refusal to pay these S.U.B.
benefits.
Award Number 20091 Page 2
Docket Number MSX-20220
The part time employee accusation is completely false in every
respect and these benefits are due me.
I am financially unable to attend a hearing in Chicago but could
attend in the local or Houston, Texas area. Thank you.
OPINION OF BOARD: The record shows that the alleged dispute covered by
this docket is not properly before this Board for the
reason that it was not handled "in the usual manner" as provided for in
Section 3, First (i) of the Railway Labor Act, as amended and as set forth
in Rule 11 (i) of the January 1, 1967 Agreement between the REA Express, Inc.,
and the Brotherhood of Railway, Airline, and Steamship Clerks, Freight Hand
lers and Express Station Employes. See Awards 6508 and 11212.
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
That the claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Al
Dated at Chicago, Illinois, this 11th day of January 1974.