NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-24665
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
STATEMENT OF CLAIM: "This is to serve notice, as required by the rules of the
National Railroad Adjustment Board, of my intention to file an
ex parte submission on June 4, 1982 covering an unadjusted dispute between me and
Southern Pacific Transportation Company involving the question:
Why was I not allowed under clerks agreement to bump a junior
dispatcher clerk, San Antonio District, Houston, Texas, after
being displaced by senior employee, who voluntarily left his job
as head clerk, P.A.D. Position?"
OPINION OF BOARD: Claimant served notice as required by rules of the National
Railroad Adjustment Board, of intent to file an ex parte
submission relative to a dispute between herself and Carrier. The Carrier filed a
submission for consideration by the Board and they argue that this Board lacks
jurisdiction to adjudicate the claim since it was not handled on the property in
accordance with agreed-upon procedures established under Rule 26 of the current
Agreement and as required by the Railway Labor Act.
The relevant portion of Section 2, First and Second of the Act states:
"It shall be the duty of all Carriers, their officers, agents, and
employees to exert every reasonable effort
...
to settle all
disputes
..."
45 U.S.C. $152, First.
"All disputes between a carrier or carriers and its or their
employees shall be considered, and, if possible, decided, with
all expedition, in conference between representatives designated
and authorized so to confer, respectively, by the Carrier or
carriers and by the employees thereof interested in the dispute."
45 U.S.C. §152, Second.
Section 3, First (i) of the Act mandates that all disputes between an employe and
a carrier,
"...
be handled in the usual manner up to and including the chief
operating officer of the carrier designated to handle such disputes
..."
45 U.S.C.
§753, First (i). Section 301.2 (b) of the Rules of Organization and Procedure
issued by the National Railroad Adjustment Board as Circular No. 1, October 10,
1934, states:
"(b) No petition shall be considered by any division of the Board
unless the subject matter has been handled in accordance with the
provisions of the Railway Labor Act, approved June 21, 1934."
(Emphasis added)
Award Number 24726
Docket Number MS-24665
The record before us clearly demonstrates that Claimant failed to bring
her claim through the various levels of appeal on the property up to the highest
designated Carrier officer. The claim was not conferenced with Carrier representatives as required b
consider the merits of any dispute unless it has been handled in accordance with
the above cited sections of the Railway Labor Act and Circular No. 1. Third Division
Award No. 19790 (Brent). Thus, we must dismiss the claim.
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.
Claim dismissed.
A W A R D
Nancy ' er - Executive Secretary
Dated at Chicago, Illinois, this 30th day of March, 1984.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
