NATIONAL RAILROAD ADJUSTMENT BOARD
- THIRD DIVISION Docket Number MS-21189'(
W. R. Sprague, A. L. Jago, Kenneth
H.
Wartbman
PARTIES TO DISPUTE:
Chesapeake and Ohio Railway Company
STATE1d;NT 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 October 12, 1982 covering an unadjusted dispute between
us and the Chesapeake and Ohio Railway involving the question:
W. R. Sprague is working at Kanauga, Ohio as Opr-Clerk
Kenneth H. Warthman retired from the Chesapeake and Ohio Railway July
16,
1981 as opr-clerk at Kanauga, Ohio and Allan L. Jago, who is still working
at Kanauga, Ohio as opr-clerk. Oa being older operators, we are claiming that '
we should have received one years severance pay when Hobson.Yard was closed, as
the railway had always done before in closing offices."
OPINION OF BOARD: Claimants were Operators at Carrier's Robson Yard. On or
about February
13,
1981, Carrier closed Hobson Yard. Claimants
exercised their seniority to other Operator positions at Kanauga, Ohio. The claim
that is presently befare this Board for adjudication is for severance pay which
the Claimants believe they are entitled to as a result of the closing of Hobson
Yard. .
The primary difficulty with.Petitiomrs' claim is that it has not been
"handled in the usual manner" an the property. Rule No. 2q'* of the negotiated
Rules Agreement; Section
3,
First (i) of the Railway Labor Act; and Circular No.
1 of this Board all require that claims be filed, progressed and conferenced in
the usual -=-r on the property prior to submission to this Board for resolution.
Although Claimants may not be experienced in the required procedures, that does
not overcome the obvious procedural defect which exists in this case. Therefore,
given the fact that these requirements were not fulfilled, we have no choice but
to dismiss the claim.
Even if we were somehow able to overcome the fatal procedural defect
described above, we would be left with the unassailable fact that the action which
was taken in this situation was in complete compliance with the provisions of a
negotiated Agreement which was specifically entered into to cover situations such
as that which exists here. Because the Claimants are not in consonance with the
negotiated Agreement does not give this Board the right to go behind the Agreement
or question its validity.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing
thereon.,
and upon the
whole record and all the evidence, finds and holds:
1
Award Number
24382
Page 2
Docket Number
M-24897
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 & D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
,' Rosemarie Breach - Administrative Assistant
Dated at Chicago, Illinois, this
7,3th
day of
my 1983.
GEC V E D
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