NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-22066
PARTIES TO DISPUTE:
(American Train Dispatchers Association
STATSRENT OF CLAIM: "Claim of the Carrier that there is no language
in Article 3(f) or any other rule of the current
schedule agreement which was violated by the manner in which positions
No. 2,
4, 5,
16 and 17 were assigned on Bulletin No. 1 effective
8:00 AM, April 3,
1971
at the Carrier's Minneapolis, Minnesota train
dispatching office."
OPM09 0F BOARD: The language of Section 3, First (i), of the
Railway Labor Act and the Regulations of the
National Railroad Adjustment Board (Circular No. 1, October 10,
1934),
require full compliance with the procedures set forth therein governing
the process of disputes on the property before being submitted to the
National Railroad Adjustment Board for adjudication.
The record before the Board clearly indicates that the claim
involved herein vas not handled on the property between the parties
in the manner contemplated by the Railway Labor Act or the National
Railroad Adjustment Board. Therefore' the claim is dismissed.
A claim was filed with this Board November 28, 1978 involving
issues similar to those alleged herein. This award specifically is
to have no bearing an any of the substantive issues to be determined
therein.
Discussion has been presented to this Board concerning the
possible use of the language of this award to justify certain strike
action at some future time. It is specifically held that no significance should be attached to or in
award which would in any manner be considered relevant to any strike
situation.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
' record and all the evidence, finds and holds:
Award Number
22366
Page 2
Docket
Number TD-22066
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 jurisdiction
aver the dispute involved herein; and
That the claim is not properly before the Board.
A W A R D
Claim dismissed.
NATIONAL. RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: Zov
Executive S
ecr
Dated at Chicago, Illinois, this 30th day of March
1979.