NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-22157
(Russell W. Teske, et al
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 April 25, 1977 covering an
unadjusted dispute between us an _/sic7 Conrail on the question:
The abolishment of our jobs with no seniority rights from
our years of service with the Erie Lackawanna Railroad, even though we
received a notice dated Feb. 26, 1976 from Consolidated Rail Corporation
stating that our seniority would continue if we accepted employment with
them... We have tried to find out how we stand and all we heard "It's
legal". We have not seen any of the agreements that is claimed.
OPINION OF BOARD: From a reading of this case it is apparent that
the subject matter, which Petitioner has asserted
before this Board, was not presented or processed on the property.
Section 3, First (i) of the Railway Labor Act and Circular
No. 1 of the National Railroad Adjustment Board
require that
disputes
be handled in the usual manner as provided in the Parties' Agreement
before they may be submitted to this Board for resolution. Inasmuch
as Petitioners failed to progress the instant Claim in accordance with
this prescribed procedure, we are barred from consideration of it.
The Claim must be and is hereby 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 Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has no jurisdiction
over the dispute involved herein; and
Award Number 22120 Page 2
Docket Number MS-22157
That the claim was not progressed on the property as required
by the Railway Labor Act.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 16th day of June
1978.