NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION, Docket Number MS-21402
Nicholas H. Zumas, Referee
(Jimmy New
PARTIES TO DISPUTE:
(Robert W. Blanchette, Richard C. Bond and John H.
( McArthur, 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 parts submission on July 26, 1975, covering an unadjusted dis
pute between me and the Penn Central-Transportation Company involving the
question:
Jimmy New, claimant, was served with a notice to attend-an
investigative hearing. Said notice was received by claimant
on the date of the scheduled hearing. On the third occasion
a hearing was scheduled, claimant had received permission to
be absent from work to attend a funeral out of State. At the
third hearing, claimant was dismissed. It is claimant's cc-tention that he has not been given a vali
that he was not absent from work on June 10, 1974, as claimed
by the Company.
OPINION OF BOARD: A review of the record in this dispute compels a finding
that Petitioner is attempting to assert a claim before
this Board that was not handled on Carrier's property as required by Section
3, First (i) of the Railway Labor Act, Circular No. 1 of the National Rail
road Adjustment Board, and was not in accordance with the provisions of the
applicable agreement. Therefore, the claim is barred from consideration
and must be dismissed.
Even if the Board were able to overcome the jurisdictional hurdle,
this Board, after having reviewed the merits of the claim, would have denied
the claim.
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 Petitioner involved in this dispute are
respectively Carrier and Petitioner within the meaning of the Railway Labor
Act, as approved June 21, 1934;
Award Number 21332 page 2
Docket Number NS-21402
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and.
That the claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinoi$, this 30th day of November 1976.
dr C G
u
1910
`~ ,J. BERG P .