NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
Ms-24169
Edward L, Suntrup, Referee
Steven Singfield
PARTIES TO DISPITIE
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "(1) Whether the termination of claimants employment by
Conrail for alleged insubordination was tainted by racial
animus?
(2)
Whether the termination of the claimant by Conrail was disproportionately excessive in relation
OPINION OF
BOARD: Claimant entered service on August
16, 1976
as a trackman
in the Metropolitan Region. Claimant was notified by
Carrier to attend a hearing which was to be held on July
9, 1979
(which hearing
was subsequently postponed until July 11,
1979)
in connection with Claimant's
alleged refusal to perform duties assigned to him by his Foreman on June
14,
1979.
4n September
17, 1979
Claimant was notified that he had been found guilty
of insubordination and was dismissed from service.
A close analysis of all supporting materials presented to the Board as
they relate to this case, including the hearing transcript, leads this Board to
several conclusions. First of all, Statement of Claim, part one (1) (from which
Statement of Claim, part two
(2)
a fortiori must be sustained or denied as a
consequence) does not, is itself, ask for remedy growing out of a grievance or
an interpretation or application of an Agreement, thus voiding this Board's
jurisdiction in this instance under Section
3,
First (i) of the Railway Labor
Act. This Board's position on this issue in this case is not novel, but has been
sustained by precedent in like instances (See, for example, PLB No.
909,
Award
No. 1). Secondly, there is a well established tradition whereby the Board, in
its appellate function, deals only with those issues in any given case which
were covered on property (Third Division, No.
22405
inter alia). This case
contravenes this tradition by the substance of its Statement of Claim; the issue
of racial animus was not raised on property as part of the proceedings as
witnessed by both the transcript of the hearing and by Exhibit
2
of Claimant's
submission. The issue of racial animus was being processed, fiowever, by Claimant
through another, and separate forum of relief. Further, the issue of excessive
discipline was not raised on property.
FINDINGS: The Third Division of the Adjustment Board, 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 Act,
as approved June
21, 1934;
Award Number 24119 Page
2
Docket Number
MS-24169
That this Division of the Adjustment Board has jurisdiction aver the
dispute involved herein; and
That the claim is barred.
A W A R D
Claim dismissed.
NATIONAL
RAILROAD ADJUSTMENT BQARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By .~.G~
yW.:_:_
Rosemarie Bras - Administrative Assistant
Date at Chicago, Illinois, this lath day of January
1983.'
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