NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MS-20932
Irwin M. Lieberman, Referee
(Kenneth Banghart
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway
( Company _ Dining Car Department
STATEMENT OF CLAIM: This is to serve notice, as required by the rule
of the National Railroad Adjustment Hoard, of my
intention to file an ex parte submission on August 1,
1974
covering
an unadjusted dispute between me and the Atchison, Topeka and Santa Fe
Railway Company involving the question:
Must petitioner be forced to submit an application to, and
accept employment with, the National Railroad Passenger Corporation in
order to maintain a protected employment status even though his position
would thereby be worsened and would require a change in residence.
OPINION OF HOARD: Petitioner brings this dispute to this Hoard based
on possible rights he may have under the National
Railroad Passenger Corporation Agreement and the implementing Agreement
signed by Carrier and the Organization dated December
14, 1973.
An examination of the record of the dispute reveals that at no
time did the problem receive the handling on the property normally
followed by the parties to the January 1,
1969
Agreement between Carrier
and the United Transportation Union, including appropriate timely appeals
and finally a conference. Section
3
First (i) of the Railway Labor Act,
as amended, precludes this Hoard from considering a dispute unless it has
been " ....handled in the usual manner up to and including the chief
operating officer of the carrier designated to handle such disputes
...."
The National Railroad Adjustment Board, in all of its Divisions, has
consistently over the years declined to assert jurisdiction in situations
analagous to that herein, as mandated by the statute. For this reason we
cannot consider the merits of this dispute and it must be dismissed.
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;
Award Number 20875 Page 2
Docket Number M-20932
That the Board does not have Jurisdiction.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMW BOARD
By Order of Third Division
ATTEST:
~~/a, P ~ .
Dated at Chicago, Illinois, this 26th day of November 1975.