NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Dana E. Eischen, Referee
Award Number
22318
Docket Number
MS-22257
(John C. Fitch
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 my
intention to file an ex parte submission on covering an unadjusted
dispute between me and Consolidated Rail Corporation involving the
question:
1) Unfair Labor Practices
~2) Total Violation of the Agreement between
the Brotherhood of Railway Clerks and
Reading Railroad in effect since March
21,
1972
is accordance with the Railway
Labor Act.
(3)
Collusion between the two parties cited
above, these parties have violated the
Reading Agreement which governs Reading
Employes, and is is force until January
1978.
(4)
Under Title YII of the Civil Rights Act
of
1964
Discrimation is prohibited by
Employers Labor Unions and Employment Agencies
whose Activities effect `Interstate Commerce."
OPINION OF BOARD: We are met at the outset with a jurisdictional
argument advanced by the Carrier which is premised
upon the Petitioner's alleged failure to handle this dispute "in the
usual manner" on the property in accordance with Section
3
First (i) of
the Railway Labor Act and Circular No. 1 of the National Railroad
Adjustment Board.
The Carrier also argues in defense of the claim, that
petitioner is actually asserting a grievance it has with the Clerks
Organization, whereas this Board's jurisdiction is confined to deciding
disputes "between an employe . .and a Carrier," and the National
Railroad Adjustment Board has no jurisdiction to consider such matters.
Award Number 22318 Page 2
Docket Number MS-22257
In reviewing the record, we are constrained to agree with
Carrier on both points. We have held repeatedly that claims not
handled pursuant to the Railway Labor Act and this Board's Circular
No. 1 cannot be entertained or allowed. Moreover, a claim alleging
collusion between Carrier and the Organization or a violation of
Title VII of the Civil Rights Act of
1964,
is directed to the wrong
forum. For the reasons listed above, the claim 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 Employes involved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
c
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Claim was not progressed on the property as rerfaired
by the Railway Labor Act.
A W A R D-
x
Claim dismissed.
NATIONAL RAILROAD ADJUSTSENT BOARD
· By Order of Third Division
ATTEST:
Zcecutive Secretary
Dated at Chicago, Illinois, this 28th day of February 1979.