NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-22339
(Vaughn Nickel
PARTIES TO DISPUTE:
(Chicago and North Western
( Transportation Company
STATEMENT OF CLAIM: This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of my
intention to file an ex parte submission on February 25, 1978, covering
an unadjusted dispute between me and the Chicago & Northwestern
Transportation Company involving the following questions:
1. Expense including mileage driven, camp car, linen,
and meals. (April through September, 1976.)
2. Back wages for travel time. (April through
September, 1976.)
3.. Missed job opportunities due to job posting and
notification violative of the agreement.
4. Omission of employee from seniority list.
(May, 1976.)
5. General damages as result of misinformation about
expenses, holiday pay, camp car pay, mileage
expenses, auto expenses and attempt by employer
to force resignation.
OPINION OF BOARD: The claim filed with this Board is presented as
follows:
(1) Expenses including mileage driven, camp car,
linen,
and meals. (April through September, 1976)
(2) Back wages for travel time. (April through
September, 1976)
(3) Missed job opportunities due to job posting and
notification violative of the agreement.
(4) Omission of employee from seniority list.
(May, 1976)
Award Number 22272 Page 2
Docket Number MS-22339
(5) General damages as result of misinformation about
expenses, holiday pay, camp car pay, mileage
expenses, auto expenses and attempt by employer
to force resignation.
In regard to the first assertion, there is evidence that a
claim was submitted on behalf of Claimant and others covering the
period May 24, 1976, through August 23, 1976. This claim was
progressed and by letter dated March 24, 1977, the parties disposed
of the same in its entirety by allowing each claimant a stipulated
amount. It is asserted that the Claimant has not received this
payment. The Carrier is awaiting the preparation of additional
expense claim forms. The Board notes that the March 24, 1977,
settlement simply stated that "adjustments will be made accordingly".
The Carrier is directed to pay the agreed upon amount to the Claimant
forthwith. There is no necessity for the preparation and filing of
additional claim forms.
In regard to the fourth assertion, the name of the Claimant
was omitted from the appropriate seniority roster March 1, 1977.
A timely appeal was made and the omission was corrected shortly
thereafter. Therefore, this claim is moot.
These were the only two matters handled in the usual
manner on the property.
Concerning that portion of Claim No. 1 not comprehended in
the March 24, 1977, letter, as well as Claims No. 2, 3 and 5, the
record indicates that these matters were never handled through the
grievance machinery of the controlling Agreement. On this record,
it is clear that these matters were not presented and progressed on
the property in accordance with the requirements of Section 3,
First (i) of the Railway Labor Act, and Circular No. 1 of the
National Railroad Adjustment Board. As such, these contentions
are barred from consideration by this Board and must be dismissed.
Awards 17005 (McGovern), 20328 (Blackwell), 20613 (Lieberman),
21868 (Zumas), 21966 (Sickles), among a host of others.
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;
Award Number
22272
Page 3
Docket Number MS-22339
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 jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim disposed of in accordance
with
Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this
12th
day of January
1979.