NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Award Number 22859
Docket Number D6-23198
(Mark Wright
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
i
STAT$KIINT OF CLAIM: "This is to serve notice, as required by the rules of the
National Railroad Adjustment Hoard, of our intention to
file an additional ex-parte submission on September 12, 1979 covering an unadjusted
dispute between us and Consolidated Rail Corporation and Consolidated Rail System
federation involving the question:
the discriminatory activities of Consolidated Rail Corporation which
resulted in my unjust and unwarranted discharge from employment on or
about November 7, 1977 and the activities of Consolidated Rail System
Federation, which in breach of its duty of fair representation, have
prevented me from being reinstated in my previous employment."
OPINION OF HOARD: Claimant alleges discriminatory activities leading to his
unjust and unwarranted discharge from service of the Carrier
on or about November 7, 1977. He also asserts that on or about March 28, 1978
he was refused reinstatement. Carrier responds that Claimant last worked on
November 2, 1977 and after that date failed to report for work or notify the
Carrier of any reason for his absence. On November 13, 1977, when the Rail Gang
on which Claimant was assigned was abolished, Claimant was placed on furlough
status. On February 17, 1978, Claimant was notified in letter sent Certified
Mail to his last known address, that work was available and he was being recalled
from furlough. The letter was returned to Carrier as undeliverable account
Claimant no longer resided at that address. Carrier closed out Claimant's record
under Rule 29(b) for failure to keep current address posted and his failure to
return to service when recalled from furlough. Later, Claimant appeared and
was,advised that his seniority had been forfeited under Rule 29(b). On August 13,
1979, a Notice of Intention to submit a claim, as described above, was received
by the National Railroad Adjustment Hoard.
The record here contains numerous assertions and allegations but is
barren of any documented evidence of support. Carrier has denied the allegations
made and further challenges the Board's jurisdiction to accept the dispute under
Section 3, First (i) of the Railway Labor Act.
Award Number 22859 page 2
Docket Number
MS-23198
The record is barren of any evidence that the Claim, as presented,
was given the usual manner handling as contemplated under Section
3,
First
(i) of the Railway Labor Act. Accordingly, this Claim is barred from
consideration on its merits and will be dismissed.
FINDINGS: That the Claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:- /~/~
Executive Secretary
Dated at Chicago, Illinois, this 16th day of May 1980.