NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number
21552
THIRD DIVISION Docket Number
MS-21468
Robert M. O'Brien, Referee
(Terry William Halter
PARTIES TO DISPUTE:
(Chicago, Rock Island and Pacific Railroad Company
( (William M. Gibbons; Trustee)
STATEMENT OF CLAIM: This is to servi notice, as required by the rules
of the National ;lroad Adjustment Board, of my
intention to file an ex parte submissi on September
19, 1975
covering an
unadjusted dispute .between me and The _icago Rock Island and Pacific Rail
road Company involving the question:
That the undersigned, Terry William Halter, was an employee on or about the
1st day of July,
1972
of the Chicago Rock Island and Pacific Railroad Company,
said company doing business in the State of Iowa and being a corporation
organized under the Laws of the State of Delaware.
That the said Terry William Halter was wrongfully discharged from further
employment and placed on a leave of absence by the said railroad.
That said wrongfully disqualification and suspension of his employment was
damaging to his financial ability to pay his creditors and to his reputation
and credit rating and was unreasonable and beyond the scope of the employees'
duties under the contract with the Brotherhood of Railway, Airline and Steamship Clerks, Freight Han
That the said Terry William Halter has requested many times that action be
taken by the General Chairman of the Union and the said General Chairman
refused to assist the said claimant in his claim against the railroad.
That the suspension of Terry William Halter has caused him to suffer special
damages in the form of back wages in the sum of
$8,124.19,
hospital and doctor
bills in the sum of
$144.00,
the total amount being in the sum of
$8,268.19.
That in addition to the above claim the said Terry William Halter has suffered
damages to his credit rating, professional career, to his employment record
and other general embarrassment and defamation of charaction all in the sum
of $100,000.00.
That said claim here is in the sum of
$lo8,268.19.
Award Number 21552 Page 2
Docket Number M3-21468
OPIPTON OF BOARD: This Board has carefully examined the record at hand.
We are constrained to conclude therefrom that the claim
Petitioner is attempting to assert before this Board has not been handled
on the property in accordance with the provisions of the applicable Agreement
as required by Section 3, First (i) of the Railway Labor Act and by Circular
No. 1 of the National Railroad Adjustment Board.
Inasmuch as the Petitio: -- has failed to progress the instant
claim in the usual manner on the prc rty, the claim is barred from consider-
ation. Accordingly, this Board is _ t no alternative but to dismiss the
claim as a result.
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
Claim not progressed on the property as required by Section 3,
First (i) of the Railway Labor Act.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ,-__,
Executive Secretary _
LI
_ E-
Dated at Chicago, Illinois, this 31st day of May 1977.