NATIONAL
RAILROAD ADJUSTMENT
HOARD
THIRD DIYISICN Docket Humber (V-21046
PARTIES TO DISPUTE:
Union Pacific Railroad Company
BTATR IT OF CLA334: This is to serve notice, as required by the rules
of the National Railroad Adjustment Hoard, of
m.
intention to file an ex parte sunmission on February
28, 1975,
covering
an unadjusted dispute between me and the Union Pacific Railroad Co.,
involving the question:
I feel very strongly that I im a protected employee under the
Washington Agreement and should be covered or even considered for severance pay under the circumstan
I have been employed as Steno-Clerk to the General Traffic Agent,
Union Pacific Railroad Co., Gering, Nebr., since November
16, 1947.
The
UPRR Co.,
1416
Dodge St., Omaha, Xebr., has transferred the GTA and my
position to a new General Traffic Agency in Grand Island. Nebr., however,
if I did not wish to go to Grand island my job would be abolished January
8, 1975.
A new appointive position of District Agent has been made
at Gering and he will be traveling not only the Gering Territory but the
newly created area of the main line of the Union Pacific,
Romp
Platte to
the Wyoming state line and the Black Hills area of South Dakota.
My position of Steno-Clerk was appointive November
16, 1947
and
in September
1949
it was taken from Class 1-E and put into the HRAC Union
- I have paid union dues every month since that time.
From April
1951
to December
31. 1965,
I not only did my work but
also the work of the General Traffic Agent as his wife had cancer necessitating many operations duri
and Cheyenne, Wyoming. There was never anyone filling his position during
any time he was gone so I did his work too without any compensation. This
GTA retired December
31, 1965.
August 1960 the position of Steno-Clerk tc the Assistant Superintendent of the Operating Lepartment
time I have also done the secretarial work in this office. August
1960
it
was agreed with Management ana the Urioa In Omaha that i 3o this work, however, : never d=d receive
June 1965 (approximately) the MAC entered into an agreement with
the railroads giving employees a right ;:s 'protected employee" under job
Award Number 20951 Page 2
Docket Number
NS-21046
stabilization. We at Gering have always understood "protected employee"
to mean if your seniority date was before
1962
or even
1965
;rou would be
covered on job stabilization WA could not be forced to leave your point
of service under the 30 to
35
mile radius,
January 1,
1966
a new General Traffic Agent was appointed at
Gering and during
1971-72
he also had cancer so again filled in on the
GTA's work along with
my
own work and the work in the Operating Department,
without any compensation. This G?A passed away December 5,
1972.
January 1,
1973,
another General Traffic Agent was appointed at
Gering and as stated above has been transferred to Grand Island. It is
impossible for me to go to Grand Island, first of all because of health
problem do my family and secondly I feel I am or should be covered by job
stabilization as a "protected employee", or even be considered for severance pay.
I have been informed by Union Representatives at Omaha I am on
this wrong Seniority Roster (Traffic Department
#26),
however, over all these
years and especially since June
1965
no one has ever mentioned this seniority
roster to me until now and they advise me I should never have been placed
on Seniority Roster
#26.
Am attaching hereto
15
copies of all correspondence pertaining
to
my
claim and if necessary, would desire an oral hearing.
If you need further information to cover the provisions of
Circular No. 1, plesee advise and I will furnish.
OPINION ORS HOARD: The record establishes that this claim was not handled
in the usual manner on the property, as required by
Section
3,
First (i) of the Railway Labor Act. A dismissal award therefore
must be made.
FIRDIBOS: The Third Division of the Adjustment Hoard, after giving the
parties to this dispute due notice of hearing thereon, and upon
the whole record and all the evidence, finda 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 Hoard has jurisdiction over
the dispute involved herein; and
That the claim is barred.
Award Number 20951 Page
3
Docket Number M_23,Ot6
A W A R
D
Claim dismissed.
NATIONAL RAILROAD ADJUSTW WARD
BY Order of Third
Division
b
ATTEST:- ~'~' . ~s
Executive Secretary
Dated at Chicago, Illiaoist this 13th day of February 1976.