C:\MYDOCU~1\SCHEDU~2\3-22660.htm

NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number422660

THIRD DIVISION Docket Number MS-22804

Paul C. Carter, Referee

(Larry Neal PARTIES TO DISPUTE: (Consolidated Rail Corporation

STATEMENT OF CLAIM: "Termination, charge of insurbornation, refusing to return to a machine."

OPINION OF BOARD: Claimant was formerly employed by the Carrier as a trackman, and was assigned to Rail Gang No. 311. He was notified to attend a hearing on August 14, 1978, on the following charge:

"Insubordination: refusing to return to his machine when ordered by Supervisor; employee was operating a tie borer and was removed from service at 4:45 P. M.: Mile Post #722, July 18, 1978."

Following the hearing, claimant was notified by letter dated September 13, 1978, of his dismissal from service. The record is clear that the claim the Petitioner is asserting before the Board has not been handled in the usual manner on the property up to and including the Chief Operating Officer of the Carrier designated to handle disputes as required by Section 3, First (i) of the Railway Labor Act, Circular No. 1 of the National Railroad Adjustment Board, and the rules of the applicable collective bargaining agreement. The claim is, therefore, not properly before the Board and must be dismissed. If the claim were properly before the Board, it would be denied as the transcript of the hearing, which has been made a part of the record, contains substantial evidence in support of the charge for which claimant was 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;

Award Number 22660 Page 2

Docket Number MS-22804 That the Carrier and the Employes involved is 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 ADJUSTMENT BOARD By Order of Third Division ATTEST: Exe'cu~ Secretary Dated at Chicago, Illinois, this 14th day of December 1979.