NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20737

THIRD DIVISION Docket Number MS-20663

Robert A. Franden, Referee

(Moses Ruffin, Ind. & on behalf of others
( similarly situated
PARTIES TO DISPUTE:
(George P. Baker, Robert W. Blanchette, and Richard
( C. Bond, 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 January 15, 1974 covering an unad
justed dispute between my clients, Moses Ruffin, Individually and on be
half of others similarly situated, and The Penn Central Transportation
Company, involving the question:

Where a Brotherhood serves notice under Section 6 of the Railway Labor Act that it desires to change an existing agreement with the carrier, and in the midst of negotiations for a new agreement the carrier terminates the existing agreement, are not the emplo entitled to earnings lost as a result of the carrier's unilateral abrogation of the existing agreement?

OPINION OF BOARD: The record is clear the claim the Petitioner is
attempting to assert before the Board has not been
handled on the property in accordance with Rule 7-B-1, of the Agreement
of May 1, 1942, nor the requirements of Section 3 First (i) of the Rail
way Labor Act or Circular 1 of the National Railroad Adjustment Board.
In addition, no conference was ever held on this property prior to sub
mission of the dispute to this Board in conformity with Section 2 First,
Second and Sixth of the Railway Labor Act and Section 3 First (i), and
for that reason also, the Board lacks jurisdiction and we must dismiss
the claim.

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;

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Award Number 20737 Page 2

Docket Number MS-20663

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Claim be dismissed.

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 May 1975.