NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20625
William M. Edgett, Referee
(Gervis L. Tillman
PARTIES TO DISPUTE:
(The New York and Long Branch Railroad Company
STATEMENT OF CLAIM: This is to serve notice, as required, of my intention
to file an ex-parte submission concerning as unadjusted
dispute between me, the New York and Long Branch Railroad, and the Brotherhood of Maintenance of Way
After complying with rule 8 on September 21, 1973 to fill a permanent position, I was utilized t
1973 and September 28, 1973. This being in violation of existing rules, I
notified the Carrier and the Union in protest. Where-upon, I was dismissed
from service by the Carrier without a hearing, in violation of Rule 36.
In view of stated violations by the Carrier and the negligence of
the Union to act in protection of my vested interest, I am requesting to
be returned to service with all rights and compensation based on a forty
hour work week for the period from the 21st of September, 1973 to such time
as I am fully restored to service.
OPINION OF BOARD: This claim was not handled on the property in accordance
with the provisions of the applicable collective bargaining Agreement and as required by Section
Act and Circular No. 1 of this Board. It must be dismissed.
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 must be dismissed.
I
Award Number 20411 Page 2
Docket Number MS-20625
A W A B D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 27th day of September 1974.