NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS%-21055
George S. Rarkis, Referee
(F. J. Stork
PARTIES TO DISPUTE:
(REA Express, Inc.
STATEMENT OF CLAIM: "This is to serve notice as required by the rules
of the National Railroad Adjustment Board of my
intentions to file an ExParte submission covering and unadjusted dispute
between me and the REA Express involving the question of my vacation
pay. I worked as Service center Manager, Rochester Mann. This claim
is for $80.48. Had earned 25 days of vacation pay as Service center
Manager year 1973 to be paid in 1974 as of this date was paid only
for 23 days.
Filed claim Feb. 1974 thru Mr. R. L. Baldwin, St. Paul, Minn.
and to L. L. Nelson Chicago, I11. for the amount of $80.48.
These are the facts and in my opinion an oral hearing should
be up to the Union which I had paid into all these years."
OPINION OF BOARD: Our review of the record in this case clearly
shows that the claim which petitioner is attempting
to assert before this Board was not handled on the property of the
Carrier in accordance with the requirements of the applicable collective
bargaining
Agreement as
required by Section 3, First (i) of the Railway
Labor Act and Circular No. 1 of this Board. Therefore, the claim as
described above is barred from consideration by this Division and is
accordingly 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;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
Award Number 22502 Page 2
Docket Number M&%-21055
That the claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
AA1k:S-
Dated at Chicago, Illinois, this 31st day of August
1979.