NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20094
Irving T. Bergman, Referee
(J. R. Lewis
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: That the Carrier violated the current Clerks Agreement
particulary rules 1-3-12 and 65, when under the date of
January 14, 1972 it posted notification, file 16-B cancellation of 1st. Relief
Clerk, Portsmouth Scale Office which was assigned to me by file 16-B under the
date of January 13, 1972. This position was later assigned to Clerk A. B.
Hale, Extra Clerk, Portsmouth, West Yard.
Due to the Carrier's failure to comply with the provisions of the
current Clerks Agreement, please accept this claim and to run continuous until the violation is corr
week, assigned hours per bulletin indication and at the monthly rate of pay
in the amount of S780.18 or $772.16 whichever applies, these amounts to include future adjustments.<
No oral hearing is requested in this submission.
OPINION OF BOARD: This claim was handled in the usual manner except for the
conference required by reading together both Section 3,
First (i) of the Railway Labor Act and Circular No. 1, of the National Rail
way Adjustment Board. Prior Third Division Award 19620 discussed at length
the necessity for the conference to comply with the Act and the Rule of the
Board including reference to other prior Awards. It would serve no purpose
to repeat the reasoning set forth in the prior Award involving the same car
rier in an identical situation.
In addition, the Petitioner was duly informed of the usual manner
for holding a conference which has been the practice between the Organization
and the Carrier, and the Carriers desire to confer on a date and time satisfactory to the Petitioner
meet with him and rejected the opportunity provided for the conference, Petitioner's Attachment "?f'
determine the place for conference in each claim submitted rather than to conform to the usual manne
the Organization and the Carrier for all claims, the result would be chaos and
confusion. We adopt the reasoning of Award No. 19620 as though fully set forth
herein.
Award Number 20106
Docket Number MS-20094
Page 2
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;
This case is not properly before us and we do not have juris-
diction.
Claim dismissed.
A W A R D
ATTEST:
__ig
. f e~
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of January 1974.
