NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-22258
(Rristopher M. Perdue
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT
OF CLAIM: (A) Discrimination from the Roadmaster.
(B) Suspension for 30 days, by the assistant
Roadmaster Roger Deemer who stated that
I did not report off sick.
OPINION OF BOARD: Claimant, an Extra Force laborer, entered Carrier's
service July 14, 1976. Claimant absented himself
from assigned duties without proper authorization on April 28 and
May 2, 1977. His immediate supervisor, by letter dated May 2, 1977,
advised him that disciplinary action would be taken should claimant's
current absenteeism trend continue. On May 3 and 4, 1977, claimant
was again absent without notification to his supervisors. Claimant
was advised by letter that he was being assessed a thirty (30) day
deferred suspension which would be terminated by maintaining a clear
record for one year. On May 17 and 18, 1977, claimant again failed
to report for duty or to notify his immediate supervisor. Carrier
then advised claimant, by letter, that he was being assessed thirty
(30) days' actual suspension. By letter dated August 22, 1977,
claimant submitted claim to this Board, alleging: (a) discrimination
by the roadmaster; and (b) suspension without reason for thirty (30)
days by the assistant roadmaster, who stated that he (claimant) did
not report off sick.
The difficulty is that the claim has not been submitted in
accordance with the procedures of Rule 35 -- Time Limit on Claims -at the property level. Instead, t
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 is the mnwer and according to the steps prescribed in
the Parties' Agreement, before they may be submitted to this Board
for resolution. Given the fact that these requirements were not fulfilled, we have no choice but to
of its merits.
Award Number 22164 Page 2
Docket Number MS-22258
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, sad
upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved is this dispute
are respectively Carrier sad Employes within the meaning of the Railway
Labor Act, as apprwed June 21, 1934;
That this Division of the Adjustment Board lacks jarisdictiae
over the dispute involved herein; sad
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 31st day of duly
1978.