NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MS-23880
Robert E. Peterson, Referee
PARTIES TO DISPUTE: (Burlington Northern Railroad Company
STATEMENT 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 parts submission on November 24,
1980
covering an unadjusted dispute
between me and the Burlington Northern Railroad involving the question:
On April
15, 1979
I was fired from my position as section hand on the
Burlington Northern Railroad at
Missoula,
Montana without an investigation as
required under Rule 40 of the agreement between Burlington Northern, Inc. and
the Brotherhood of Maintenance of Way Employes. I had been employed by the
Burlington Northern for several years prior to that date.
I therefore request re-instatement, with no loss of seniority, and wage
loss compensation."
OPINION OF BOARD: We cannot consider the merits of this dispute, and have no
alternative but to dismiss the claim based on the irreversible
procedural flaw of the record failing to show requisite on-property conferences had
been held prior to invoking the jurisdiction of this Board. In this regard,
Section 2, Second, of the Railway Labor Act requires that "all disputes ...
shall be~considered ... in conference". Moreover, Section
3,
First (i) of the
Act stipulates that disputes growing out of grievances or out of the interpretation
or application of agreements "shall be handled in the usual manner up to and
including the chief operating officer of the carrier designated to handle such
disputes". It does not provide for disputes to be handled or filed direct with
the divisions of the Adjustment Board. Further, regulations of the Board
require full compliance with procedures set forth in Circular No. 1 governing the
processing of claims on the property before being submitted here on appeal.
As this Board has stated on previous occasions, there provisions are mandatory
and not susceptible of avoidance because of extenuating circumstances.
FILINGS: 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 24259
Docket Number M&-23880
Page 2
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim is barred.
Claim dismissed.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
A W A R D
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Third Division
By /
Rosemarie Breach - Administrative Assistant
Dated at Chicago, Illinois, this 23rd day of March 1983.
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