NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-21986
(Morris Z. Bishop
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: 1. Carrier violated the agreement when it allowed
Mr. H. P. Moore to displace 91r. M. Z. Bishop from
his regular assignment on June 14, 1976:
2. Carrier shall now compensate Mr. M. Z. Bishop at the Time
and one-half rate for June 14, 1976 and each succeeding date that he is
required to work outside of his assignment.
3.
Carrier shall restore Mr. M. Z. Bishop to his regular
assignment at the earliest opportunity.
OPINION OF BOARD: It is clear from the record that the claim
' presented was not handled in conference with the
highest designated officer of the Carrier prior to submission to this
Board. It is well settled that such a conference is a jurisdictional
prerequisite and no dispute may be submitted to the Board in the
absence of same.
The claim, therefore, has not been handled in the usual
manner under Section
3,
First (i) of the Railway Labor Act or Section 2
thereof. The claim will, therefore, 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;
That the Carrier and the Employes involved in this dispute
are respectively Carrier and &-ployes within the meaning of the Railway
Labor Act, as approved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Claim be dismissed.
Award Number
22079
page
2
Docket Number MS-21?86
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTb.T2dT BOP.RD
By Order of Third Division
ATTEST:
. PR&e4gn:0
Dated at Chicago, I1J.inois, this
31st
day of May
1978.
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