NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-22452
Robert A. Franden, Referee
(Herman Campbell
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "This is to serve notice, as required by the
National Railroad Adjustment Board, of my intention
to.file and ex parts submission on January 20, 1978, covering an
unadjusted dispute between myself and Conrail, involving the following:
I was given 4 weeks vacation last year, which I felt I was
entitled to. Now, Conrail states I was only entitled to 2 weeks vacation.
They have already taken 1 week's wages and intend to take 1 more week of
my wages for the 2 weeks vacation that Conrail claims I did not have
coming to me. If I did not have the weeks vacation coming, why were they
given to me? I received 3 weeks vacation since 1971 from the ErieLackawanna. I feel that my 2 weeks
that I am entitled to 3 weeks vacation since I have 10 qualifying years,
but, they are not consecutive, Rule 33, Appendix No. 2., etc.
I would like the traveling expense returned to the carpenter
gang, which were Erie-Lackawanna employees. This has been taken from us.
We have our headquarters in camp cars. We are now 75 miles away from
home, but have been 92 miles away from home earlier last year. Rule 34E
of the Erie-Lackawanna agreement states we will have our traveling
expenses paid if the railroad does not furnish us with transportation."
OPINION OF BOARD: Review of the record in this case clearly shows
that claim Petitioner is attempting to assert before
this Board was not handled on the property of the Carrier in accordance
with the provisions of the applicable cpUeetive bargaining Agreement and
as required by Section 3, First (i) of the Railway Labor Act and Circular
No. 1 of the National Railroad Adjustment Board. 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;
Award Number
224W
Page 2
Docket Number MS-22452
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 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That Claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 13th day of July
19r.