NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-24868
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 parte submission on (30 days from date of this notice) covering an unadjusted
dispute between me
and the
Burlington Northern Railroad involving the question:
I was disqualified because during the
training period
I was allegedly
not able to keep up the job
...."
OPINION OF BOARD: It is quite
evident that
Claimant had a dispute concerning
her' qualifications for the position of Rate/Statistics Clerk
No. 133-001 in Carrier's Intermodal Department. Claimant was disqualified on
the position in July, 1982,
and initially
handled the matter under the provisions
of the contract.
The difficulty with Petitioner's claim before this Board is that it has
not thereafter been "handled in the usual manner" on the property; instead, the
matter has been submitted directly to this Board after the initial
disposition.
Section 3, First (i) of the Railway labor Act and Circular No. 1 of the
National Railroad Adjustment Board require that disputes be processed in the usual
manner as
provided in the parties' Agreement before they may be submitted to this
Board for resolution. Given the fact that this requirement was not fulfilled,
we have no choice but to dismiss the claim without
consideration of
its merits.
(Third Division Awards Nos. 22438, 221+73, 24259. 24010, 24061).
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim is barred.
Award Number
243
0 Page 2
Docket Number
MS-2868
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
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this
2'Tth day of April 1983.