NATIONAL RAILROAD ADJUSTMENT BOARD
(Dan De Santis
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Failure of chief mechanical officer to allow me
exercise my seniority rights when he was informed
that I was going to bump clerk at bldg M-6. This complety violated all
seniority rights I was entitled to with regards to both the carrier and
the union.
Loss of railroad retirement pension fund rights due to carriers general
foreman's failure to grant me an investigation regarding my resignation.
Failure of acting general foreman to protect me from union officials who
harrassed and intimidated me, and attempted assault and battery upon my
person. Be granted them permission to enter my office without asking
them what their business was with me.
OPINION OF BOARD: Review of the full written record and oral testimony
in this case discloses that (1) Petitioner voluntar
ily resigned from Respondent Carrier's service on December 16, 1963, and
(2) Petitioner admits that no written claim or oral protest of the three
paragraphs comprising his Statement of Claim were ever handled with any
officer of Respondent Carrier.
Careful review of the written record and oral testimony before the Board
fails to develop a scintilla of evidence to support Petitioner's claim.
The Board lacks jurisdiction to decide the dispute under Section 3, First
(i) of the Railway Labor Act because the requirements of that Section of
the Act have not been met. The claim will be dismissed.
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 Employe involved in this dispute are respectively
Carrier and Employe within the meaning of the Railway Labor Act, as
approved June 21, 1934;
Award Number
21593
Docket Number MS-22020 Page 2
That this Division of the Adjustment Board does not have jurisdiction over
the dispute.involved herein; and
That the claim is barred.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
4Q4J&WMWW
Executive Secretary
Dated at Chicago, Illinois, this 17th day of June, 1977.