NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20747
Francis X. Quinn, Referee
(William McNeil
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad
STATEMENT OF CLAIM: This is to serve notice, as required by the Rules of
the National Railroad Adjustment Board, of intention
to file an ex parte submission on May 30, 1974, covering an unadjusted
dispute between William McNeil, Section Laborer, and the Seaboard Coast
Line Railroad Company, involving the question:
Was William McNeil wrongfully discharged from service
of said company on February 9, 1971, for failure to
pay dues between April 1st and December 31, 1970 to
Brotherhood of Maintenance of Way Employees?
OPINION OF BOARD: This claim was not properly handled on Carrier's
property pursuant to provisions of the collective
bargaining agreement and as required by Section 3, First (i) of the Railway Labor Act and Circular N
or Rule 40 of the Agreement between the Carrier and the Organization.
In terminating the service of the Claimant, Carrier acted strictly
in accordance with the provisions of the Union Shop Agreement. The Claimant
was cited for non-compliance by the Organization and Carrier followed the
prescribed rules to the letter. The Claimant did not request a hearing in
compliance with the applicable provisions of the Union Shop Agreement. Claimant was properly removed
FIND LUGS: 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 20616 Page 2
Docket Number MS-20747
There was no violation of the Agreement.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
6444~
Dated at Chicago, Illinois, this 21st day of February 1975.