NATURAL RAILROAD
ADJOSTIVIr
BOARD
Award Number
22166
Docket Number
M6-?2297
THIRD
DIVISION
Abrahss Weiss, Referee
(Jerry Lee Preston
PARTIES TO DISPUTE
(Consolidated Rail Corporation
STATBMT OF CLAM
Senior Employee (Jerry Preston) laid oft while
j=ior employee (R. T. Rowan) was called back
to work. Rowan was called back an February 10,
1977
and Preston was
not called back until. April
18, 1977.
OPINION OF
BOARD:
Claimant who was furloughed January
31, 1977
was
recalled to service April
18, 19'77.
On April 30,
1977,
he filed a claim, alleging Junior employe vas recalled to service
February 10,
1977,
seeking overtime payment for February 12,
1977
and
all wage loss until. April
18, 1977
when he was recalled to service.
Carrier, in reply, cited Rule
2k(3)--
Filling Positions Temporarily--and further said claim was not presented within the sixty
(60)
day
time limit specified under Rule 35 -- Maima and Grievances. The
record contains no evidence that above claim ran further progressed on
appeal under provisions of Rule 35.
Accordingly, the claim Petitioner is attempting to assert
before the Hoard was not handled on the property in accordance with
provisions of the applicable collective bargaining Agreement, as
required by Section
3,
First (i) of the Railway
Labor Act
and, therefore, is barred from consideration by the Division and will 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 Employee involved in this dispute
are respectively Carrier and Employee within the meaning of the Railway
Labor Act,as approved June
u,
193;
Award Humber 221.66 Page 2
Docket Humber 1S-22297
That this Division of the Adjustment Bosrd;lacks Jurisdiction
orer the dispute involved herein; and
That the claim was not progressed on the property as required
by the Railway Labor Act.
A W A R D
Claim diamiased.
HATICE" RAILROAD ADJM714INT HOARD
By Order of Third Division
ATM=: t
ecutive Secretary
Dated at Chicago.,
Tllin^iag
this 31st day of July 1978.