NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MSX-21073
George S. Roukis, Referee
(Paul Stone
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
intention to file an Ex-Parte Submission (30 days from the date of
this Notice), covering an unadjusted dispute between me and the REA
Express Inc., 219 East 42 Street, New York City.
I believe I have been illegally discharged by REA Express
and not protected by the Union involved B.R.A.C., Local No. 2130.
Subsequently, I was re-instated to the metropolitan roster
but never recalled to the telephone room.
My investigation reveals I could have worked there from
June 1973 until January 4, 1974.
I seek payment of the lost wages for that period plus payment for my own hospitalization plan and de
Re-instatement notice will be proven in my Ex-Parte Submission
together with proof of earnings lost through this contractual violation."
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.
Award Number 22503 Page 2
Docket Number MSS-21073
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
That the claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
&42M~
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August
1979.