NATIONAL RAILROAD ADJUSTMENT BOARD
TBIRD DIVISION Docket Number MS-25315
Eckehard Muessig, Referee
(Antonio Gandarilla
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATMEENT OF CLAIM: "This is to serve notice, as required by the rules of the
National Railroad Adjustment Board, of my inention to file an
ex parte submission covering an unadjusted dispute between me and the Burlington
Northern Railroad involving the question:
My being dismissed from service of the Burlington Northern Railroad
on October 12, 1981, and my desire to have my job and seniority reinstated to me."
OPINION OF BOARD: The Claimant, herein, had been granted a leave of absence
expiring on August 27, 1981. When he failed to return to work
on August 28, 1981, the contract provided that he forfeit his seniority.
Approximately one year later, Carrier received a letter from the Claimant,
dated August 9, 1982, in which he essentially requested assistance for reemployment
with the Carrier.
The Board has carefully reviewed the record before it in the instant
case. On this record, while we recognized the peculiarity of the Claimant's
situation, as brought forth by him, the provisions of the Railway Labor Act
with respect to the processing of claims are explicit. Its application to this
dispute, as herein, has been affirmed by numerous awards of this and other
Divisions.
The Board finds that the claim was not handled on the property in
accordance with Section 3, First (i) of the Railway Labor Act. Accordingly,
the claim is barred from consideration by the Division and will be dismissed.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole record
and all the evidence, finds and holds:
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.
s
Award Number 25035 Page 2
Docket Number MS-25315
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 26th day of September 1984.
CEIV
NOV 5 1984
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