NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-21950
(Walter P. Scheidt
PARTIES TO DISPUTE:
(Union Pacific 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 January 19, 1977 covering
an unadjusted dispute between me and the Union Pacific Railroad Company
involving the question:
The interpretation placed on appendix H of the agreement
covering consolidation of seniority rosters for Bridge and Building
employes on the Kansas Division. Specifically paragraph 1, page 123.
QUOTE "It is agreed that in restructuring the seniority districts
for the various classifications as provided by Rule 16 of the Schedule
Agreement, dated this first day of January, 1973, that the affected
employes on the basis of their selection will be accorded a seniority
date on the consolidated roster corresponding to their present seniority
date and will retain prior rights to work on their seniority districts
as existed prior to the revision for a period of three years from
effective date of this agreement and under this arrangement will during
this term be considered senior to employes from other districts for
positions on their former seniority districts." UNQUOTE
OPINION OF BOARD; This Board has carefully examined the record at
hand. We are constrained to conclude therefrom
that the Claim Petitioner is attempting to assert before this Board has
not been handled on the property in accordance with provisions of the
applicable Agreement as required by Section 3, First (i), of the Railway
Labor Act and by Circular No. 1 of the National Railroad Adjustment Board.
Accordingly, since the Petitioner failed to progress the
instant claim in accordance with the prescribed procedure, the Claim is
barred from consideration by this Board. The claim, therefore, is
dismissed.
FINDINGS; The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds;
That the parties 7aived oral hearing;
Award Number 21927 Page 2
Docket Number MS-21950
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 Claim was not progressed on the property as required by
Section 3, First (i), of the Railway Labor Act.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
44
Dated at Chicago, Illinois, this 28th day of February
1978.
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