NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-21756
Robert W. Smedley, Referee
(Glen E. Jessup
PARTIES TO DISPUTE:
(The Baltimore and Ohio 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 May 21. 1976 covering an
unadjusted dispute between me and the Baltimore & Ohio Railroad Co.
involving the question -
Concerning the Carrier's failure to perform the conditions
of a coordination agreement between The Baltimore and Ohio Railroad
Co. and the Brotherhood of Railway Airline and Steamship Clerks Freight
Handlers Express and Station Employees of The Baltimore and Ohio
Railroad Company dated May 29- 1975 and violation of several rules of
the Agreement dated June 4-1973.
I am asking the Baltimore & Ohio Railroad to comply with these
Agreements which would result in an award to me of back pay in the amount
of 3.72 dollars for each day I have worked since July 7-1975 and continue
as long as the Agreements apply.
OPINION OF BOARD: This is a case in which the record clearly
shows that the provisions of Section 3, First (i)
and Section 2, First, Second and Sixth of the Railway Labor Act, as
amended have not been met. The record does show that several letters
were exchanged between the claimant and various Carrier and Organization
officials. Several of these letters informed claimant relative to this
responsibility to handle his claim or grievance within the framework of
the collective bargaining Agreement. From this record it is apparent
that he did not do so.
Therefore, based on the record before us and because the claim
here involved was not handled in the usual manner on the property before it
was submitted to this Board, it is barred from consideration by our
Board and must be dismissed.
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;
Award Number 21730 Page 2
Docket Number MS-21756
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, 1931f;
That the claim was not progressed on the property as required
by the Railway Labor Act; and
That this Division of the Adjustment Board does not have
jurisdiction to decide the dispute involved herein on its merits.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of September 1977.
ED
J. J· ~