NATIONAL RAILROAD AWUS24ENT BOARD
THIRD DIVISION Docket Number MS-24001
Gilbert H. Vernon, Referee
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM: "1. My discharge by AMTRAK for excessive absenteeism
was violative of Rule
#64
of the collective
bargaining agreement between AMTRAK and the IBMWE., etc,"
OPINION OF BOARD: The Claimant was directed to attend an investigation
scheduled
for November
15, 1979,
in connection with her alleged absence
from duty without permission on October
25, 26, 29, 30, 31
and November 1 and
2,
1979.
The investigation was held as scheduled, on November
23, 1979,
the Car
rier directed a letter of dismissal to the Claimant which the Claimant contends
she did not receive until November
26, 1979.
The Carrier has raised an objection regarding the Board's
jurisdiction arguing that because the Claim was not
handled
in accordance with
Rule
24
of the pertinent Agreement, the case is no longer subject to appeal and
is barred from consideration under the provisions of Rule
74
and by Section
3(1)
of the Railway Labor Act.
In reviewing the record, it is the conclusion of the Board that the
Claimant failed to progress the Claim in accordance with the Agreement and,
that the Board is without jurisdiction to consider the dispute on its merits.
Our finding is based on an analysis of the facts relative to the clear and
unambiguous provisions of Rule
74.
Rule
74
(Discipline) states in following
past:
"(a) An employe who considers that an injustice has been done him
in discipline matters and who has appealed his case in writing to
the Chief Engineer within fifteen
(15)
days, shall be given a
hearing,"
The record indicates that the Claimant did not appeal the discipline to the
Division Engineer's office until January
22, 1980, 61
days after the date of the
disciplinary letter. The Claimant's argument suggests that her appeal was timely
under Rule
75;
however, Rule
75
clearly applies to grievances "Other Than
Discipline."
Inasmuch as the Claim was not handled is the usual manner as
specified by the Contract, it is barred.
FINDINGS: The Third Division of the Adjustment Boards upon the whole record
and all the evidence, finds and holds:
Award Number 24318 Page 2
Docket Number MS-24001
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;
That this Division 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 ADJUSTMENT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
By
7
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of April
1983.
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