NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-24595
Tedford E. Schoonover, Referee
(Thomas DeRossett
PARTIES TO DISPUTE:
(Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: 'This is to serve notice, as required by the National
Railroad Adjustment Board, of Tom DeRossett's intention
to file an exparte submission on February 10, 1982, covering an unadjusted
dispute between Tom DeRossett and the C & O Railway Company to wit:
This is to Appeal the dismissal of Thomas DeRossett for being
quarelesome (sic) and insubordinate when signing a Safe Job Procedure Log under
protest.'
OPINION OF BOARD: Section 2 Second and 3 First (i) of the Railway Labor
Act, as amended and Circular No. 1 of the National Railroad
Adjustment Board require that disputes be considered in conference and, if
possible, decided on the property before being submitted to this Board for
consideration and decision. The instant claim was not progressed on the
property in accordance with this required procedure and is therefore barred from
consideration. The claim must be and is hereby 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 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:
Nancy J. De r - Executive Secretary
Dated at Chicago, Illinois, this 17th day of November, 1983.