NATIONAL RAILROAD ADJUSTMENT BOARD

Award Pusher 23212

__ THIRD DIVISION Docket Nutber CL-22678

Dads E. Eisehen, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, E:paess and Station Rmployes
PARTIES 1n DISPM:
(The Lake Terminal Railroad Company

STATEHENI' OF CLAM: Claim of the System Oomittee of the Brotherhood (GL-8686) that:

1. The Carrier violated the agreement it made with the Brotherhood under date of December 7, 1976, when it failed and refused to apply Award No. 22019 (Referee James F. Seearoe) of the Third Division of the National Railroad Adjustment Board to the claim of Clerk A. Shamblin identified as Case L-3043., which was being held in abeyance pending the decision of the Board in the dispute which resulted in Award No. 22019.

2. The Carrier shall now be required to apply Award No. 22019 to the claim of Clerk A. Shamblin, identified as Case L-3043., and compensate Clerk A. Shsmblin in accordance therewith.

OPINION OF BOARD: Carrier and the Organization agreed in December 1976
to handle certain pending claims in accordance with
an understanding set forth - the Carrier relates Director's letter of
December 7, 1976, as follows:

"Dear Mr. Bauer:

This has reference to your telephone conversation with Mr. V. F. Musial of my office on December 6, 1976, at which time yon requested that the following cases:

CLK-12-75 - Denied by letter dated December 2, 1975 CEK-13-75 CLK-14-75 CLK-15-75

(S.K-16-75 - Denied by letter dated January 20, 1976 CLK-17-75

Award Number 23212 Page 2

Docket 1Pumber OL-22678

"CLK-28-.76 - Denied by letter dated fiber io, 1976 CLK-29-76 cLK-3o-76 CLK-31-76 CLK-32-76 CLK-33-76 C;K-34-76 CLK-35-76 CLK-36-76 MK-38-76 CLK-39-76

be held in abeyance pealing the decision in similar claim being submitted to the Third Division, National Railroad Adjustment Board.

I an agreeable to holding the above referred-to cases in abeyance pending the decision in the dispute covered by International President, Fred J. Kroll's letter of intent to the Third Division, N.R.A.B. dated December 1, 1976, with the understanding that, should the Board erroneously sustain or compromise the dispute covered by Mr. Doll's December 1, 1976 notice of intent, the above enuserated claims would be screened by us for the purpose of eliminating any claims for improper dates, amount of claim, etc.,, and to otherwise conform the disposition of the above claims to the award of the Board.

Yours truly.

Signed:

R. B. McGinley

Director of Labor Relations"

The lead case was heard and sustained by the Board - Award 22019 (Referee Scearce). Thereafter, the Organization presented.for payment the remising claims held in ab '7s 1976 letter. Carrier paid sees of those claims on the basis of Award 22019 but declined to pay the instant claim on grounds that it was distinguishable. The Organisation then filed the instant claim, the gravamen of which is that Carrier "reneged" upon or violated the understanding set forth in the letter of December 7, 1976. That Dispute, as Carrier correctly points out, was

Award Number 23212 Page 3

Docket Number Q.-22678

never handlbd on the property in accordance with Circular No. 1 prior to
the appeal to this Board. Accordingly we shall dismiss the present claim
for lack of jurisdiction. It should be noted that in so doing we do not
reach the merits of this claim i.e. whether Carrier had the right under
the December 7, 1976 Agreement to weed-out I-3043. Nor do we reach the
underlying dispute regarding the merits of L-3043 per so

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived cral hearing;

That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Iabor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the claim was not handled as required by NRAB Circular No. 1.

A W A R D

Claim dismissed for lack of jurisdiction.

NATIONAL RAILROAD AWTJSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 16th day of March 1981.