NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20604
Irwin M. Lieberman, Referee
(Henderson Gines
PARTIES TO DISPUTE;
(George P. Baker, Richard C. Bond, and Jervis Langdon,
( Jr., Trustees of the Property of Penn Central
( Transportation Company, Debtor
STATEMENT OF CLAIM: This is to serve notice, as required by the rules of
the National Railroad Adjustment Board, of my inten
tion to file an ex-parte submission on (30 days from date of this notice)
covering an unadjusted dispute between me and the Penn Central Transpor
tation Company involving the question:
Southwestern Division Clerical Case No, S-11-67.
OPINION OF BOARD: The claim in this dispute involves vacation pay for
1965. The record indicates that this Claim had
originally been progressed on the property by Claimant's Union in accord
ance with the Agreement; it was settled in April 1971, and was not
progressed to this Board. The case before us appears to be a refiling of
the dispute which had been disposed of on the property, and it is evident
that Claimant did not institute these proceedings within the time limits
prescribed in the Agreement.
Section 3, First (i) of the Railway Labor Act and Circular No.
1 of the National Railroad Adjustment Board provide that disputes must be
handled on the property in accordance with the provisions of the applicable collective bargaining Ag
on the property in accordance with the procedures set forth in the Agreement, it is barred from
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 20572 Page 2
Docket Number MS-20604
That the Claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOA HI)
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of December 1974.