NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-21091
(James W. Britton
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: This is to serve notice as required by the rules of the
National Railroad Adjustment Board of my intentions to
file an X-party submission on thirty days from the date of this notice covering an unjust dispute be
as being Charlie Digrutollo, track supervisor, E. L. Moser, division engineer,
and C. E. Patterson, track forman.
The statement is as follows: they had me charged with involuntary
unexplained absence, and to appear for a hearing at the train masters office,
in Parkersburg. I contacted both parties and told them I could not be there
at the time stated, so they told me to contact my union representatives, W.
E. Lyons, in which I did. His office said they would contact him and have it
set for a latter date.
In the mean time, I was layed off on June 30. I have written to'
both offices to have them hold my seniority rights. Mr. Patterson stated
to me latter that they had held the meeting without my presents, and stated
that when they would ask me a question in the hearing they would but down
no answer, so how could I answer if I wasn't present?
Mr. Oday, B&0 police at Parkersburg, at a later date brought me
to a letter, where I had been taken out of service and wanted me to sign it
which I refused to do. I believe this to be very unfair and unjust, and I
would like to have an oral hearing on this matter, so I could return to my
job.
OPINION OF BOARD: Careful scrutiny of the record shows that the claim
t asserted before this Board was not progressed on the
property in accordance with the requirements of Section 3 First (i) of
the Railway Labor Act and Circular No. 1 of the National Railroad Adjustment Board. Claimant disraka
and filed his claim with this Board without first availing himself of appeal
procedures specified in said Rule.
In these circumstances the claim is not properly presented for
consideration on the merits and therefore must be dismissed.
Award Number 20889 page 2
Docket Number MS-21091
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 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
That the claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: i
·xecutive Secretary
Dated at Chicago, Illinois, this 12th day of December 1975.
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