NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-24121
I. M. Lieberman, Referee
(R. T. Lemaster
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM:
"Please consider this letter as my customary thirty (30) day notice of my
intentions to file on or about March 4, 1981 my submission with the Nationa
Railroad Adjustment Board, Third Division concerning an unadjusted dispute
between myself and the Norfolk and Western Railway Company.
The facts in this claim are as follows: Under the date of March 3, 1980
Clerk J. K. Daniels exercised displacement rights on a clerk's position,
and held by junior employee G. H. Keplinger in the office of Division
Asst. Superintendent D. L. Estepp. Clerk Daniels then made a second
displacement under the same date, and displaced Chief Clerk to the
Asst. Superintendent Terminal R. T. Lemaster. This granting of a second
displacement, without first giving Clerk Daniels his right under Rule 10
(Qualifying) up to forty (40) days in which to qualify, and it is my
position that this move on the part of the Carrier to make this second
displacement was illegal.
The brotherhood takes the position, that the Carrier showed favortism, when
it let Clerk J. K. Daniels displace Chief Clerk R. T. Lemaster on the Chief
Clerk's position to the Assistant Superintendent Terminals, a position that
Clerk Daniels had not held for more than twelve (12) years, and then
not let Clerk Daniels exercise displacement in the office where he had
worked for over the last twelve (12) years.
Please accept this claim in my behalf to be effective: Tuesday, March
4, 1980, and to run continuous for each day (Monday through Friday) for
eight hours per day, five (5) days per week, and at the monthly rate of
pay in the aunt of $1,590.36, these amounts to include any, and all
future adjustments. Claimant is also claiming any, and all overtime that
Chief Clerk J. K. Daniels might work Monday through Friday, at the monthly
rate of pay in the aunt of $1,590.36, and at the rate of time and
one half. For each and every Saturday and Sunday, to be effective
Saturday, March 8, 1980 and to run continuous, a claim is herewith made
for any and all hours overtime worked by Chief Clerk J.K. Daniels, and
will be paid at the rate of time and one half, and at the monthly rate
of pay in the amount of $1,590.36, these amounts to include any, and all
further adjustments. Holiday overtime will alsobe made a part of
this claim."
OPINION OF BOARD: As a threshold issue Carrier contends that this matter was not
handled in the usual manner on the property and hence is barred.
The appeal process is at issue and is contained in Rule 38 of the April 1, 1973
Agreement. The procedure established under that Rule for appealing claims such
as that herein is as follows:
Award Number 24920
Locket Number MS-24121 Page 2
1. Claim is filed with immediate supervisor designated to receive claim.
2. If declined, the appeal is to the Superintendent.
3. If declined the appeal is to the General Manager.
4. If declined the appeal is to the highest designated officer, in
this instance the Vice President-Administration.
The record indicates that Claimant herein never appealed the Superintendent's decision of May
was clearly not handled on the property in the usual manner as required by Section
3, First (i) of the Railway Labor Act. The Board has no choice but to 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 Hoard 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. DD~fri - Executive Secretary
Dated at Chicago, Illinois, this 30th day of July 1984.