NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-21836
Robert W. Smedley, Referee
(Jerome P. Tressa
PARTIES TO DISPUTE:
(The Washington Terminal Company
STATEMENT OF CLAIM: That the Washington Terminal Company has unjustly
charged me in excess of $140.00 for a chain saw
missing from the job site.
OPINION OF BOARD: An examination of the record in this case clearly
shows that the claim which has been presented to
this Board for resolution has never been filed or processed on the
property by or on behalf of claimant.
Such handling is completely inconsistent with the requirements
of Section 3, First (i) of the Railway Labor Act and Circular No. 1 of
the National Railroad Adjustment Board. We are, therefore, barred
from considering the merits and the case must be dismissed for lack of
jurisdiction.
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
aver the dispute involved herein; and
That the claim is barred.
A W A R D
Claim is dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
Zvi
By Order of Third Division
ATTEST:.
,.'
Dated at Chicago, Illinois, this 30th day of June
1977.