NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MS-21679
Robert M. O'Brien, Referee
(Eugene B. Riesberg
PARTIES TO DISPUTE: (Grand Trunk Western Railroad Company
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 parte submission on April
23, 1976
covering an
unadjusted dispute between me and the Grand Trunk Western Railroad
involving the question:
Can a part-time, releif bridgetender be put at top seniority
over all the bid in full-time bridgetenders?
In October
1965
I (Gene Riesberg) started work for Grand Trunk
Western Railroad. Then in
1967
I bid into the Spring Lake, Ferrysberg
bridge from the Muskegon section of Grand Trunk. I worked on the bridge
full-time until approximately
1972,
while Arnold Berg worked only parttime, releif work on the same bridge. Arnold Berg was a school tea
and could not work a full-time job for the railroad, too.
During that time I (Gene Riesberg) was working full-time on the
same bridge. There were
3
different jobs up for bids as bridgetenders
there, and Arnold Berg never bid on any of them, therefore other men got
the jobs.
Then in the end of
1972
all the bridge jobs were abolished and
put up for bids, again. Arnold Berg was then given top seniority rights
over all of us.
At the time Arnold Berg was first given top seniority rights
Dick Drake was Coopersville agent. L. E. Ring is agent now and has
records of Arnold Berg only back to Dec.
1972
of his bid to a bill.-time
Job on the bridge.
I went to the union when this happened and was told that bid
rights on
my
job did not mean anything.
OPINION OF
BOARD: A careful examination of the record before us
convinces this Board that the claim Petitioner is
attempting to assert before the Board was not handled on the property in
accordance with the provisions of the controlling Agreement as required
by Section
3,
First (i) of the Railway Labor Act and Circular No. 1 of
Award Number 21511 Page 2
Docket Number IBS-21679
the National Railroad Adjustment Hoard. Accordingly, inasmuch as
Petitioner failed to progress the instant claim in accordance with the
prescribed procedure, the claim is barred from consideration and must
be dismissed as a result.
FINDINGS: The Third Division of the Adjustment Hoard, 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;
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
Claim not progressed on the property as required by the
Railway Labor Act.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTT BOARD
By Order of Third Division
ATTEST:
'a"O. O&Z.Ir
Dated at Chicago, Illinois, this 29th day of April 1977.