NATIONAL RAILROAD ADJUS'IMENT BOARD
THIRD DIVISION Docket Number MS-24145
Irwin M. Lieberman, Referee
(David 0'Rear Tharp and Thomas S. Hughart
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: "This is to serve notice, as required by the rules of
the National Railroad Adjustment Board, of our intention
to file an ex parts submission on
(30)
days from date of this notice covering
an unadjusted dispute between us and the Baltimore and Ohio Railroad involving
the question:
They're violating the contract Rule 6 (Section 2, Paragraph (C) I
of Circular #1542.) They're also Violating Rule 40. And contract Scope
Addendum
13."
OPINION OF BOARD: Petitioners herein filed grievances on March 26, 1981
claiming that two trackmen with less seniority had been
recalled from furlough and they had not been recalled. Following the filing
of the grievances, the record indicates that no further handling of the claims
on the property took place. Specifically, there is no indication that the dispute was discussed with
discussion with Carrier's highest designated officer.
Section
3,
First (i) of the Railway Labor Act provides as follows:
"The disputes between an employee or group of employees and
a carrier or carriers growing out of grievances or out of the interpretation or application of agree
or working conditions, including cases pending and unadjusted on the
date of approval of this Act, shall be handled in the usual manner up
to and including the chief operating officer of the carrier designated
to handle such disputes; but,fail3ng to reach ari adjustment in this
manner, the disputes may be referred by petition of tile parties or by
either party to the appropriate division of the Adjustment Board with
a full statement of the facts and all supporting data bearing upon
the disputes."
In addition to the Statute, the Collective Bargaining Agreement
applicable to this dispute (the August 21, 1954 National Agreement) provides
for procedures, including time limits for various steps, in the processing
of grievances. In Article V Section 1 (b) of that Agreement it is specified
that appeals from disallowed grievances must be filed in writing within sixty
days from the receipt of the disallowance. Failure to conform to this procedure results is the matte
Award Number 241 Page 2
Docket Number MS-24145
In the cases involved herein, the Petitioners failed to handle
their grievances in accordance with the usual procedures including discussing the disputes with Carr
also did not conform to the ties limits specified for the appeal of disallowed grievances pro
these reasons this Board cannot reach the merits of the claims but
must dismiss them for their procedural deficiencies.
FINDINGS: The Third Division of the Adjustment Boards upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved. in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Acts as approved June 21., 1934;
That this Division of the Adjustment Board has ,jurisdiction
over the dispute involved herein; and
That the Claims are barred,
A W A R D
Claims dismissed.
NATIONAL RAILROAD ADJUSM1ENT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board --
r
BY ;~
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of November 1982L