NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20589
Irwin M. Lieberman, Referee
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 intention to
file an ex parte submission on October 29, 1973, covering an unadjusted dispute between me an
question:
Abuse and mistreatment by Penn Central Transportation Company and
Penn Central police resulting in the loss of two years pay.
OPINION OF BOARD: The dispute herein alleges no agreement violation by the
Carrier. In addition, it must be noted that Claimant did
not avail himself of the procedure set forth in the applicable agreement,
namely Articles 32 and 33, in any effort to resolve the dispute on the property.
Section 3, First (i) of the Railway Labor Act, as amended, provides, in part,
that disputes "...shall be handled in the usual manner up to and including the
chief operating officer of the Carrier designated to handle such disputes; but
failing to reach an adjustment in this manner, the appropriate division of the
Adjustment Board..." Since Claimant has not met the requirements outlined
above, we may not consider the merits and the case must be dismissed for lack
of jurisdiction.
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 20806 Page 2
Docket Number MS-20589
That the Claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ~~ ~~,~
Executive Secretary
Dated at Chicago, Illinois, this 29th day of August 1975.