NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20740
Irwin M. Lieberman, Referee
(Marion E. Hampton
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: Claim of Machine Operator, Marion E. Hampton for pay
for all time lost on his assignment and/or assignments
for all days he has been or is held out of service, be paid the same compen
sation that he would have earned had he worked, and request that he be re
instated to the service with full seniority rights including vacation
rights and request this division to so rule, reinstating your claimant with
all rights as requested and compensated for all time lost on the Southern
Railway System, from December 20, 1972 and all subsequents dates account
of wrongful and arbitrary discharge in an invalid proceeding held in the
Holiday Inn Motel, Jasper, Indiana 7:00 P.M., on January 9, 1973.
OPINION OF BOARD: Section 2 Second of the Railway Labor Act provides that
all disputes must be considered, and if possible re
solved, in conference between the parties on the property. Such a confer
ence is an essential condition precedent to any case being referred to this
Board. The purpose of this section of the Act is to encourage settlement
of disputes between the parties, rather than the routine referral of dis
putes to the Board.
The record of this case indicates that no conference relative
to this claim was held on the property prior to its submission to this
Board. For this reason we cannot consider the merits of this dispute and
have no alternative but to dismiss the Claim based on the serious procedural
flaw.
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 the Board does not have jurisdiction.
Award Number 20574 Page 2
Docket Number MS-20740
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of December 1974,