NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Award Number 22023
Docket Number M-22310
(Thomas R. Harkins
PARTIES
TO
DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM: "Of having new men off the street being hired to take
my position while a layoff was in effect, without
regard to seniority system of the Union."
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 the 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.
Inasmuch as the Petitioner has failed to progress the instant claim
in the usual manner on the property, the claim is barred from consideration.
Accordingly, this Board is left no alternative but to dismiss the claim as
a result.
FINDINGS: The Third Division of the Adjustment Board, after giving the
Parties to this dispute due notice of hearings hereon, and
upon the whole record and all evidence=finds and holds:
That the Carrier and Employe involved in this dispute are respectively.
Carrier and Employe within the meaning of the Railway Labor Act, as approved ,
June 21, 1934:
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: and
That the claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
ezo,
/v
-,°.~i'~s.f,-~.~`
iaecutive Secretary
Dated at Chicago, Illinois, this 28th day of April, 1978.