NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20445
Frederick R. Blackwell, Referee
(Russell D. Lamping
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: This is to serve hotice, as required by the rules of
the National Railroad Adjustment Board, of my inten
tion to file an ex parts submission on November 8, 1973, covering an un
adjusted dispute between me and the Louisville & Nashville Railroad Com
pany involving the question of whether I should be restored to my job as
store keeper, which job I had previously been guaranteed.
OPINION OF BOARD: The herein claim was the subject of direct conversa
tions and phone talks between the Claimant and various
Carrier and Organization officials; however, the claim was never submitted
in writing to any Carrier official prior to the filing of Ex Parte sub
missions with this Board. Such handling on the property self-evidently
does not meet the requirements of Rule 45 of the Agreement under which all
claims or grievances "must be presented in writing" and all appeals of
denied claims must also be "in writing". On these facts, and the whole
record, it is clear that the claim as submitted to the Board has not been
presented and progressed on the property in accordance with the requirements
of Section 3 First (i) of the Railway Labor Act, Circular No. 1 of the Na
tional Railroad Adjustment Board, and Rule 45 of the applicable Agreement.
In view of the foregoing the Board has no alternative but to dismiss the claim.
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 20328 Page 2
Docket Number MS-20445
That the claim must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: L'fi(fV l
Executive Secretary
Dated at Chicago, Illinois, this 31st day of July, 1974.