NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number
21599
THIRD DIVISION Docket Number MS-21789
Robert W. Smedley, Referee
(Junior S. Burton
PARTIES TO DISPUTE:
(Western Maryland Railway Company
STATEMENT OF CLAIM: Question claim involved is loss of wages.
Parties: Supervision Mr. S. C. Beeler.
Statement of Claims: Reason for award is desired due to
junior employee operating machine which should have been bought out
for bid within ten days.
OPINION OF BOARD: Section 3, First (i) of the Railway Labor Act and
Circular No. 1 of this Board mandates that the
claim appealed to this Board must be the same claim as was handled on
the property.
Because, in this docket, there is a substantial difference
between the claim which has been presented to our Board and the claim
which was initiated and progressed on the property on behalf of claimant,
it cannot be said that it has been handled in the usual manner.
Therefore, we are compelled to dismiss the claim and need not consider
it on the merits. See Award Nos. 8772, 12178, 19218, 20456 and 20841.
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 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
That the claim was not handled in the usual manner.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of June
1977.