NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD D rIISION Docket Number MS-22968
(William :. Tackett
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Compary
STATEMSNT OF CLALd: "Claimant claims loss of wages resulting from lack of
employment and loss of seniority with his former
employer, which was caused by the Chessie System's hiring the claimant after
he took a medical examination and then terminating the claimant as a result
of the medical examination, all without just cause."
OPINION OF BOARD: Claimant William F. Tackett applied for position of trackman
on April
26, 1978.
Claimant was given a physical examination
April
28, 1978
and was employed as trackman by Carrier May
4, 1978.
Carrier's
Regional Medical Examiner, upon review of Claimant's physical examination papers,
disqualified him from further service. Claimant was notified June 12,
1978
that
his employment application was rejected and he was removed from service all
within the sixty (60) day probationary period allowed Carrier by Rule 2(a) of
the collective bargaining Agreement.
Claimant seeks monetary recovery for loss of wages resulting from loss
of employment and loss of seniority of his former employer, which was caused by
the Chessie System's hiring him after he took a medical examination and then
terminating his employment when the Regional Medical Examiner rejected his
apolication.
Carrier states that Claimant was removed from service within the sixty
(60) day probationary period allowed by Rule 2(a) for acceptance or rejection
of emplojment application and that the instant claim was not presented for
"on property" handling in the usual manner prescribed by the Railway Labor Act.
Cur review of the entire record 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 requirements of the applicable
collective bargaining Agreement Rule 21(h) as required by Section
3,
First (i)
of the Railway labor Act and Circular No. 1 of the National Railroad Adjustment
Board. Therefore, the claim as described above is barred from consideration
by this Division and is accordingly dismissed.
i
Award Number
22603
Page 2 \
Docket Number
MS-22963
=1N(S:
The Third Division of the Adjustment Board, upon the whole
record and all the evidences 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;
i
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 ADJUSMMMT BOARD
By Order of Third Division
ATTEST:
Fzcecutive Secretary
Dated at Chicago, Illinois, this 30th day of October,
1979.
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