NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-22249
(Terry L. Collins
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of our
intention to file an ex parte submission on June 6, 1977, covering an
unadjusted dispute between us and Consolidated Railroad involving the
question:
Managements failure to merge all the Maintenance of
Way Employes rosters of all the railroads that make
up Con Rail in their allotted time of 60 days after
April 1, 1976.
OPINION OF BOARD: The claimants seek the merging of seniority
rosters in connection with the take-over by Con
Rail of certain Carriers. The difficulty is that the claim has not
been submitted to the grievance procedure at the property. It was
filed directly with the Board.
Section 3, First (i) of the Railway Labor Act and Circular
No. 1 of the National Railroad Adjustment Board require that disputes
be processed in the usual manner as provided in the parties` Agreement
before they may be submitted to this Board for resolution. Given the
fact that this requirement was not fulfilled, we have no choice but to
dismiss the claim without consideration of its merits.
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 potential
dispute are respectively Carrier and Employes within the meaning of the
Railway Labor Act, as approved June 21, 1934;
That the claim was not processed on the property as required
by the Railway Labor Act;
Award Number 22116 Page 2
Docket Number MS-22249
That this Division of the Adjustment Board has no jurisdiction
over this dispute.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order o= Third Division
ATTEST:
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Executive Secretary
Dated at Chicago, Illinois, this 16th day of June
1978.