NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MSK-21077
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 on the District Accounting or Credit Roster.
My investigation reveals I would have been eligible to move
when the Roster was transferred to Chattanooga, Tennessee.
I seek payment of the lost wages from April 24, 1972, to
the present.plus payment for my own hospitalization plan and dental
expenses.
I would, also, have been eligible for moving expenses to
Chattanooga, Tennessee, which I now seek.
Re-Instatement and recall notices will be part of my ExParte Submission together with proof of earni
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 22504 Page 2
Docket Number MSX-21077
FINDINGS: The Third Division of the Adjustment Board, 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 is barred, '
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
i~ifjJ
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August
1M.
~_ 1
i ~. J
i t
y .,. C