NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD D;VISION Locket Number MS-24958
Eckehard Muessig, Referee
(Henry L. Labno
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM.: "This is to serve notice as required by the rules of
the National Railraod Adjustment Board, of my
intention
to file an ex parte submission on April 10, 1983, covering an unadjusted
dispute between the Chicago and North Western Transportation Company and the
undersigned involving the questions:
1.) Restoration to my former Chief Clerk (1j) position from which I
was removed on September 27, 1979, and
2.) That I recieve full compensation for all time lost as a result
of the above.
OPINION OF BOARD: The Claimant herein was terminated from his assigned
position of Chief Clerk. Subsequent to a hearing held
on January 21, 1982, the termination was affirmed by the Carrier. It followed
that the Claimant progressed his appeal to this Board.
The Board, in great detail, has reviewed the record in its entirety
and finds that the Claimant has failed to satisfy the Rules of Procedure
contained in Circular No. 1, and more specifically, the requirement that a
conference be held prior to the submission of a dispute to the Board.
Accordingly, the Board has no jurisdiction to consider the merits of the case.
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.
Award Number 24801 Page 2
Docket Number MS-24958
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April, 1984
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