NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MS-23262
(John R. Childs
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATE OF CLAIM: "This is to serve notice, as required by the rules of
the National Railroad Adjustment Board, of my intention
to file an ex parte submission on December 1,
1979
covering an unadjusted
dispute between me and the Illinois Oentral Gulf Railroad involving the
question: Weather or not the Illinois Central Gulf Railroad, on April
30,
1979,
could remove me from a position as Train Dispatcher to which I had
made application to, and seniority entitled me to, and place me without
my consent on another position as Train Dispatcher thus changing my work
ing conditions. Failure of the Illinois Central Gulf Railroad to compen
sate me at the rate of time and one half far performing service as Train
Dispatcher on May
6, 7, 13
and
14, 1979,
account working on my assigned
rest days. Finally, failure of the Illinois Central Gulf Railroad to
compensate me at pro rata rate on May 1,
2, 5, 9
and.
15, 1979
account my reg
ular assigned days to perform service as Train Dispatcher and not used."
OPINION OF BOARD: Carrier asserts, and Claimant J. R. Childs admits,
that no conference was held on the property attempting to resolve this dispute.
Section
2,
Second of the Railway Labor Act states:
"All disputes between a carrier or carriers and its
or their employees shall be considered, and, if possible,
decided with all expedition in conference between representatives designated and authorized to confe
thereof interested in this dispute."
The great weight of authority establishes that the omission of a
conference on the property deprives the Board of jurisdiction. See Third Division Awards
14873
(Ritter);
22646
(Mangan);
16964
(Criswell);
16567
(Heskett);
131.20
(Dorsey). No conference on the property was conducted in this dispute
and Claimant was not precluded from seeking such a conference.
As the cited Awards make clear, the fact that a conference might
prove futile does not abrogate the requirement that a conference be held prior
to submission of the dispute to the Boprd. Also clear from these Awards is
that Carrier has no obligation to perfect the claim of an employee by itself
making request for a conference. For want of jurisdiction, the claim will be
dismissed.
Award Number 23435 Page 2
Docket Number MS-23262
111.NDINC:1: 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 a7.1 the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute
are reahectively Carrier and &nployes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Divison 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 ADJUSg1INT BOARD
By Order of Third Division
&4
OX
ATTEST:
Executive Secretary
Dated at -Chicago, Illinois, this 3rd day of November
1981.
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