NATIONAL RAILROAD ADJUSTMENT BOARD -
THIRD DIVISION Docket Number MS-22818
(Leslie Joseph Nance, II
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
( (Southern Region)
STATEMENT OF CLAIM: "DISQUALIFICATION - TIE FORCE 1210 - HUNTINGTON, WV
Parties involved - 1st. Foreman - Dickie Jobe
Engineer Track Force - Harm Holbrook
1. Do not believe reason for disqualification as stated by
1st Foreman to be true and acurate reason for disqualification.
2. C & 0 Rules state that a disqualification must be given
in writing to the employee within the 60 calendar days of employment
or he is considered as being accepted. I was not notified until 62
days and was not given a reason or written notice until approxmately
86 days."
OPINION OF BOARD: The record before the Board clearly shows that
the claim that the claimant is attempting to
assert here 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 such 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.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and
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
Award Number 22661 Page 2
Docket Number M3-22818
That the claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: l &J
·~utiroe Secretary
Dated at Chicago, Illinois, this 14th day of December 1979.