NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19704
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(J. F. Nash and R. C. Haldeman, Trustees of the Property
( of Lehigh Valley Railroad Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7063)
that:
1. Carrier violated the Agreement between the parties effective May
1, 1955, as revised, when on July 26, 1970 it called Mrs. Sylvia Wheeler, junior
employee to Mr. Paul Maholsic, to work as Messenger - Clerk at East Buffalo,
New York.
2. Carrier further violated said Agreement when initial claim to Trainmaster Dahn was answered b
Time Limits.
3. Carrier shall now be required to pay Claimant Maholsic a day's pay
at punitive rate for stated violations on July 26, 1970 and that of Rule 33.
OPINION OF BOARD: We are compelled to dismiss this Claim, for lack of juris
diction, in that Clerks failed to handle the dispute in the
usual manner on the property when it failed, on the property, to perfect timely
appeal to Carrier's "chief operating officer of the carrier designated to handle
such disputes" -- an indispensable statutory condition precedent to
invoking
this Board's jurisdiction. Section 3. First (i) of the Railway Labor Act. Also,
see Rule 33(c) of the Agreement between the parties.
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;
The Claim is dismissed for lack of jurisdiction.
Award Number 20357 Page 2
Docket Number CL-19704
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of August 1974,