NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-22594
Joseph A. Sickles, Referee
(Emerson Buckley, et al
PARTIES TO DISPUTE:
(Mississippi Export Railroad Company
STATEMENT OF CLAIM: "This is to serve notice, as required by the
rules of the National Railroad Adjustment Board
of our intention to file an ex parts submission on June 21, 1978
covering an unadjusted dispute between us and the Mississippi Export
Railroad, Company involving the question:
Discrimination and unjustifiable lay-offs."
OPINION OF BOARD: The rather extensive record in this case contains
a number of assertions, accusations, contentions,
etc., but it is clearly established that we are confined solely to a
consideration of the matters contained in the notification of intention
to file an Ex Parte Submission. In this case, that document is dated
July 3, 1978, and refers to "...an unadjusted dispute ... involving...
Discrimination and unjustifiable lay-offs."
Clearly, the parties sought to expand the scope of the
dispute in the documents presented to us, but we have no jurisdiction
over those enlarged issues.
Moreover, our review of the record in this case leads us to
conclude that the matters mentioned in the notification of intention
were not presented to the Carrier on the property and handled at that
level as required by the pertinent Rules Agreement and the Railway
Labor Act. See Awards 20076, 20582, 20616 and 21868, among others.
We stress that we state no opinion concerning the merits of
other matters which appear to be in contention between these parties,
inasmuch as our jurisdiction does not extend to those matters.
Award Number
22495.
Page 2
Docket Number MS-22594
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and
upon the whole record and all the evidence, finds and holds:
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
over the dispute involved herein; and
That the claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUS'EIENr BOAR
By Order of Third Division
ATTEST:
ALAA.
Dated at Chicago, Illinois, this
24th
day of August
1979.