NATIONAL RAILROAD ADJUSM4ENT BOARD
THIRD DIVISION Docket Number
MS-24935
(Arthur M. Di Stefano
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEVENT OF CLAIM: "On or about June
7, 1978
I was dismissed by the
Consolidated Rail Corporation for the following
reasons; failure to report for duty on two tours on two certain days;
my rebuttal is that I did call in on these two certain days and report
I would not be at the assignment for different types of problems fulfills
my responsibility, failure to be relieved on a certain day tmenty minutes
before completion of tour; my rebuttal is that I informed the man on duty
of a need to submit a manual report to the Operation control facility at
the thirtieth Street Station because of Computer Systems problems." (etc.)
OPT1iION OF BOARD: Claimant entered the service of the Carrier as a telegrapher
on June
14, 1968
and at the time of the incident involved in
his dismissal, April
29, 1978,
he was employed as a Wire Chief in the "PC"
office located in Reading Terminal, Philadelphia, Pennsylvania. The Claimant
was charged, granted a hearing and found guilty of sleeping on duty. His employment record was revie
of discipline of dismissal. A claim was appealed on the property and denied'
on August
21, 1978
by the Senior Director, Labor Relations. Thereafter, on
April
27, 1979,
Petitioner filed a claim with.the Tk:ir3 Division. Fie "cancelled"
this claim on the following day and a new claim was filed on May
23, 1979
Under date of November
26, 1979,
the Petitioner requested cancellation of this
Second claim and we issued our Award
22656,
dismissing the matter.
On September
22, 1982,
the Petitioner filed another dispute, the one
we have before us now, with the Third Division dealing with his dismissal fro.
the Carrier "on or about June
7, 1978"
for an alleged "failure to report for
duty on two tours on two certain days."
The Carrier contends initially that Petitioner's claim is substantially different from the claim
also raises other procedural arguments which they contend prohibit our consideration of the claim on
Our review of this complicated and disoriented handling establishes
that Claimant's petition is procedurally defective for several reasons, including his failure to com
submitting his claim to this tribunal; his attempt to refile and relitigate
a
final
and binding decision; and his failure to handle the present claim
in the usual manner on the property. For all of these reasons, the claim
must be dismissed.
Award Nudber 241+39
Docket Number
MS-24935
FMINGS: The Th?wd Division. of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon., and
upon the xhole record and all the evidence.. finds and holds:
That the Carrier and the Fhzployes involved in this dispute are
respectively Carrier and.Ekployes within the meaning of the Railway Labor
Act; as ap~oved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute i.avolveed herein; and
page 2
That the claim is barred.
03 aim dismissed.
A W . A R D
RATIONAL RAMR34D AATMWRT BOARD
By Order of.Thitrd Division
ATMST: Acting Executive Secretary
National Railroad Adjustment Board
By ~:_.
~__._ _____ - ,_ __
/'; Rosemarie Brascii - A^mintstrative Assistant
Dated at Cal csgo.. Illiaoisy this 15th day of
Jute 1983.