NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-24836
Edward L. Suntrup, Referee
(Richard A. Johnson
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
(SEVERANCE PAY)
OPINION OF BOARD: Foregoing both discussion of and determination on the merits
of the instant case, which has been carefully reviewed, the
Board declines any Award thereon because of jurisdictional considerations present
in the instant dispute. These considerations are several.
First of a11, after the Interstate Commerce Commission granted approval
for Carrier line abandonment and service discontinuance near Haugan, Montana and
Mu11an and Wallace, Idaho in may of 1980, given fulfillment of specified conditions,
all employes affected by this course of events, including the Claimant, were
thereby notified. In lieu of exercising seniority rights the Claimant requested,
by letter dated August 26, 1980, severance allowance. Irrespective of the merits
of such claim, the appropriate arbitral forum to have settled such a dispute is
not this Board. The Arbitration Committee, established by Section 11 of the
Appendix of the OREGON SHORT LINE case is the clearly designated forum to handle
such a claim.
Further, even if arguendo such claim was properly before this Board,
albeit this Board firmly holds that it is not, jurisdictional application would
still be lacking since the Claimant did not fulfill timely appeal requirements as
stipulated by the current Agreement (see Second Division Awards 6637; 7164 and
7182), nor was an appropriate conference held on property before the case reached
this Board. The latter is a requirement of both the Railway Labor Act, as amended,
and of Circular No. 1 of the National Railroad Adjustment Board (see Second
Division Awards 1433 and 9023; Third Division Award 3023).
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;
Award Number 24628 Page 2
Docket Number MS-24836
That the Carrier and the Employes 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 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
Nanc J ver - Executive Secretary
Dated at Chicago, Illinois this 13th day of January 1984.
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