NATIONAL RAILROAD ADJUS'1MENT BOARD
THIRD DIVISION Docket Niunber MS-2'
Joseph A. Sidr3.es, Referee
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
((Terms and Louisiana Lines)
STATEMENT OF CLAIM: "I am asking that the Southern Pacific Transportation
Company shoal proof that the cashier work is still at the
Austin Freight station, or to pay my claim for
360
days separation pay as agreed
in section
3
of the union agreement."
OPINION
OE
BOARD: Prior to a consideration of the merits of this dispute,
we must consider a jurisdictional challenge. Carrier argues
that the National Railroad Adjustment Board is without authority to consider this
dispute because the claim was progressed on the basis of an alleged violation of
Article 7V, Section
3
of the Agreement of September
16, 1977,
and claims arising
under the terms of this agreement are only referable to a Public Law Board. We
have examined Article X of the Agreement of September
16, 1977
and do not interpret the dispute resolution language as precluding instituting proceedings befor
this Board. Article X is permissive, rather than mandatory, and does not bar sut
mitting claims to the N.R.A.B. We will consider the claim on its merits.
Claimant argues that the Carrier "piece-mealed" his Cashier work to
another seniority district and to another (terrier over a period of years. This
activity, he claims, eventually affected him when his position was abolished on
July
6, 1979.
Therefore, he claims an entitlement to severance pay,
We have carefully searched the record, and find that Claimant has
produced absolutely no proof whatsoever to support his claim. Claimant has merel
submitted broad and. general allegations in a very brief and incomplete one-page
submission. We cannot base a sustaining Award on such incomplete data. The clai
must therefore be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and ell the evidence, finds and holds:
That the parties waived oral hearing;
Award Number 23521 Page
2
Docket Number
MS-23463
That the Carrier and the Employes involved in this dispute
are-ctIvely Carrier and Employes within the meaning.arP
the
Railway
Letbmr Aet, ac approved
June 21, 1934;
That
this Division of the Adsualsment Board hers ~urEsdiction
over
the
d1wpWbe involved herein, and
That the .kgreemeat
wens not violated.
A W A R D
CSar 9m teed,.
ruTioNxt, M::,MrOOrrnm
scAM
By Order of Trl soon
ATTEST:
-Ea~
Mw"CUt&nM
:ieesetwy
Dated-e:t 611iawsm,
Ilifnods, this ?-9th doY of
January
19&-
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