NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-24973
., i:, I. M. Lieberman, Referee
~1'f . 'St.lj J . s .
(John Karlaza
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "We formerly were employees of Reading Co., which prior to
Conrail never had a vehicle operator or truck drivers roster,
now since Conrail came into being, we as Reading Company Employees are protesting
the Vehicle Operators Roster which none of us are on it. We feel we are being
Discriminated against, also unfair Labor Laws has been broken. Moreover there
is not one Reading Company man on the Roster. We have been driving trucks and
vehicles a long time. Most of the men have at least ten (10) years of driving
experience. We would appreciate your help on this matter.
This is to serve notice, as required by the National Railroad Adjustment
Board, of (our) intention to file an ex parte submission (30 days from this
notice) covering an unadjusted dispute between (us) and the (Conrail) involving
the question: Vehicle Roster as mentioned above."
OPINION OF BOARD: The record of the dispute herein indicates that it had never been
presented or progressed on the property of this Carrier.
The rules of the National Railroad Adjustment Board, as set forth in Circular
No. 1 (October 10, 1934) provide that no claim may be considered unless the
subject matter has been handled in accordance with the provisions of the Railway
Labor Act. Section 3, First (i) of the Railway Labor Act provides that all
disputes between an employee and a Carrier must be handled
"...
in the usual
manner up to and including the Chief Operating Officer of the Carrier designated
to handle such disputes." It is apparent that part of the rationale for the
provisions quoted above was in an effort to promote the settlement of disputes
on the property rather than to resort to the agency in all disputes. Here,
there was no possibility of settlement since the dispute was never even presented
on the property. For the reasons indicated, the Board has no alternative but
to dismiss the claim for lack of jurisdiction.
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.
Award Number 25069 rage E2I
Docket Number MS-24973
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V R 1984,
A W A R D
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Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
W"z ,
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 4th day of October 1984.