NATIONAL RAILROAD ADJUSTMENT BOARD
(S. K. Anderson
PARTIES TO DISPUTE:
(The Denver and Rio Grande Western Railroad Company
STATEMENT OF CLAIM: " ascertaining weather (sic) the carrier has
properly and fully utilized employees holding
seniority in the Bridge and Building Department
as contractually agreed and judically mandated
N
OPINION OF BOARD: Petitioner submitted the above question for adjudication
by this Board. Carrier raises a jurisdictional issue
asserting: the question submitted to the Board was not given the "usual
manner of handling on the property."
A review of the record clearly supports Carrier's contention that
petitioner's question for adjudication has not met the test of "usual mapner
of handling on the property" of the question now before us, as is required by
Section
3,
First (i) of the Railway Labor Act, Circular No. 1 of the National
Railroad Adjustment Board and rules of the applicable collective bargaining
agreement. Accordingly, the Board lacks jurisdiction to consider the matter
as presented by the petitioner and the claim is dismissed.
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 Employe involved in this dispute are
respectively Carrier and Employe within the meaning of the Railway Labor
Act, as approved June
21, 1934;
That this Division of the Adjustment Board had jurisdiction over
the dispute involved herein; and
That the claim is barred.
Page 2
Award Number
24404
Docket Number
MS-24881
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 Breach, Administrative Assistant
Dated at Chicago, Illinois, this
26th
day of
May 1983.
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