NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20281
(The New Orleans Terminal Company
STATEMENT OF C:AIM; This is to serve notice, as required by the rules of
the National Railroad Adjustment Board, of my intention
to file an ex parts submission on February 25, 1973 covering an unadjusted
dispute between me and the Southern Railway System involving the question:
I was summarily suspended from membership in the Brotherhood of
Railway Clerks, and subsequently fired from my job as Yard Clerk at Oliver
Yard, New Orleans, La. Additionally, I had been subjected to unfair treatment on the part of managem
yearn in retaliation for filing charges of discrimination with the Equal
Employment Opportunity Commission. The reason for suspension by the Labor
Organization and subsequent termination of employment by management was
for alledged non-payment union dues. I maintain that I was not in arears
with dues at the time of my suspension, and both Labor and Management
officials were aware of this. Together the two aforementioned factions
conspired to deprive me of my livelihood.
OPINION OF BOARD: Petitioner attempts to assert a claim against the Car
rier, by naming certain officers thereof, and the
Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers,
Express and Station Employes, by naming certain officers of that Organiza
This Board is without jurisdiction over any dispute between an
employe and his or her Organization.
The record shows that the claim that the Petitioner attempts to
assert against the Carrier has not been handled on the property as required
by Section 3 First (i) of the Railway Labor Act, Circular No. I of the
National Railroad Adjustment Board, and the time limit provisions of the
applicable agreement. In these circumstances the claim is not properly
before us on its merits and therefore must be dismissed.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway Labor
Act as approved June 21, 1934;
That the Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
J
Award Number 20886 Page 2
Docket Number MS-20281
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 12th day of December 1975.
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