NATIONAL RAILROAD ADJLR.TMHPT BOARD
THIRD DIVISION Docket Number
MS-22440
Joseph A. Sickles, Referee
(V. L. Henry, et al
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLU34: °l. The Carrier violated the provisions of the
February
7, 1965
National Agreement when they did
not compensate V. L. Henry and the forty other Clerks listed herein with
supplemental benefits due them because thiar
547
positions were abolished
due to a strike of the International Brotherhood of Teamsters curing the
month of April,
1976.
2.
Carrier shall now be required to compensate each claimant
as listed and outlined below;
Claimant Date Claimed Amount
V. L. Henry April,
1976 21.65
M. A, Lee " " 21
.65
Cleo Mays " " 24
.09
S. W. Maness " " 22
.58
R. L. Manley " " 24
.09
Ellis Kirtright " 32
.61
Scipio Jenkins " 24
.o9
Wm. James " " 24
.09
Andrew Daugherty " " 21
.65
Wilson Johnson " " 21
.65
Jimmie Blackman
n n
21.65
Tommie Davis " " 21
.65
Joseph Ciaramitaao " " 24
.09
T. L. Ervin " " 24
.o9
E. E. Boushan
n n 24.o9
W. J. Poe ° " 21
.65
Eddie Cooper " ° 21
.65
J. E. Jenkins " " 24
.09
J. R. Tmente " " 24
.09
Louis Heal ° " 24
.09
W. J. Jackson " " 21
.65
' L. L. E®ory " " 24
.09
Howard Boaens " ° 21
.65
J. A. Anthony " " 24
.o9
J. F. Biondo ° 24
.09
Award Number
22475
Page
2
Docket Number
M9-22440
Claimant Date Claimed Amoamii
H. J. Jones April,
1976 24.09
J. 0. Rolfes ° " 24
.A9
R. L. Spencer ° " 21,.0
J. W. Spies " " 36
_89
Cleveland Tyler ° ° 24
.09
LOnnia Williams " " 24
.09
H. L. Shadoin " ° 24
.09
C. M. Tocco " " 25.72
A. C. Fare,
23.99
E. J. Vein " " 32,61
R. I. Less
n
" 32.61
C. W. Walter " ° 21.65
E. W. Loogam " " 24
.09
J. W. srmpf
24.09
Calvin Smith ° " . °
OPT OF : The Claimant asserts that the Carrier violated the
February
7, 1975
National Agreement when it failed
to compensate him - and others - in April of
1976.
Article, VII of the February
7, 1975
Agreement establishes a
"Disputes Committee' to decide disputes involving the interpretation or
application of any of the terms of the agreement, and accordingly, the
Carrier urges that we dismiss the case for. lack of jurisdiction."
Our review of the record compels us to conclude that Carrier's
contention is well taken, and for the same basic reasons set forth in
our Award
20982
we will dismiss the claim.
FIRD19GS: The Third Division of the Adjustment Hoard, 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 22475 Page
3
That this Division of the Adjustment Hoard has jWisdiatiea
over the dispute involved herein; and
That the claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD
AATDBTMBT HOARD
By Order of Third Division
ATTEST:
4"Zo
Dated at Chicago, Illinois, this 31st day of July 1979.