HATIOITAL RAIURQAD A.DJ(JST:.nEPTT BOARD
THIRD DIVISIC2cl Docket Humber h:S-22032
Joseph A. Sickles, Referee
(Thomas E. Dick
PARTIES TO DIS_~'E:
(Con Rail (Former Penn Central Transportation
( Company)
STATEMENT OF CLUM: This ex parte submission will be concerning an
unadjusted dispute between me and the Penn Central
Railroad (Conrail). The letter will be involving the question of
whether I quit my job, and if I can be reinstated in my job with the
Railroad.
I claim that I did not quit my job, and I believe that they
owe me unemployment for the time I`ve been off. Also, I believe that
I should be reinstated in my job with the Railroad.
OPIJIONT OF BOARD: The Claimant - who had been employed as a track
man on May 9, 1974 - failed to report to a
designated work location on April 15, 1975, and gave no reason for
the failure at the time. On tray 21, 1975, Carrier terminated his
employment status. ?clothing was heard from the employe until the Fall
of 1976, .Then he filed a claim with this Board.
Our review of the record herein demonstrates that the claim
was not handled in the "usual manner" under the applicable Agreement
Rule (4-L-1). Accordingly, Claimant did not comply with the mandates
imposed by Section 3, First, (i) of the Railway Labor Act and we have
no recourse but to dismiss the claim.
FMDMGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
Mat the Carrier and the Emmlo,,,·es involved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved June 2i., 1934;
Award Number 2190^2 ?age 2
Docket Number MS-22032
-That the claim was not progressed on the property as
required by the Railway Labor Act, and that this Division of the
Railroad Adjustment Board does not have jurisdiction to decide the
dispute involved herein on its merits.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUST?ENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of Februanf 1978.
z~G`-`~.V~U
PEAR 0 7 1978