NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20790

THIRD DIVISION Docket Number MW-20779

Francis X. Quinn, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Chicago and North Western Transportation Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The claim * presented by Local Chairman Claude E. Henderson on October 13, 1972, to Roadmaster R. J. Hendershot, should be allowed as presented, because said claim was not disallowed by Roadmaster R. J. Hendershot in accordance with t National Agreement (System File 81-1-196).

"(*) The claim, as presented, reads:

'Because of the aforesaid violations, I em requesting that Mr. Harriss be awarded the position of assistant foreman-truck driver as advertised in that class as of September 16, 1972. Please advise when Mr. Harriss has been assigned to this position."'

OPINION OF BOARD: The instant claim is based on the premise that Carrier
was precluded from disallowing the Claim by any repre
sentative other than the officer who was authorized to receive the claim.
The controlling agreement does not so restrict Carriers. Therefore the claim
will be denied.

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

I

Award Number 20790 Page 2

Docket Number rb1-20779

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 31st day of July 1975.