NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket
Number MS-22390
Abraham Weiss, Referee
(Mark Wright
PARTIES TO DISPUTE: (
(Consolidated Rail Corporation
STATEMENT OF CLAIM: `ihis 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 11, 1978 con
cerning an unadjusted dispute between me and the Con Rail System
Federation involving the following described claim: The failure of
the Con Rail System Federation to pay me my justly earned and
deserved pay for services I rendered to them while in their employ
on January 3 through January 6, 1977 inclusive."
OPINION OF BOARD: Claimant alleges that he worked for the Carrier
from January 3 through January 6, 1977, inclusive,
without being compensated for such service performed. The record.
contains no evidence that a claim for such compensation was initiated
or progressed in the usual manner on the property, but was submitted
directly to this Board for adjudication.
Accordingly, the claim Petitioner is attempting to assert
before the Board 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, the claim 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 Employes involved in this dispute
are respectively Carrier and Employes within the meaning of the
Railway Labor Act, as approved June 21, 1934;
Award Number 22404 Page 2
Docket Number MS-22390
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 16th day of May 1979.