NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 25097
' THIRD DIVISION Docket Number MS-24993
Edward L. Suntrup, Referee
(Ann M. Noble
PARTIES TO DISPUTE:
(Grand Trunk Western Railroad 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 by January 21, 1983, covering an unadjusted dispute between
me and the Grand Trunk Western Railroad Company involving the following questions:
1. Whether an employee working part-time at a permanent position that
has been bulletined under Rule 10 of the Operating Agreement betwe.n the carrier
and BRAG is entitled to seniority beginning the date employment commenced pursuant
to Rule 3 of the Operating Agreement.
2. If the employee is entitled to seniority pursuant to Rule 3 of the
Operating Agreement, is this employee entitled to be compensated by the carrier
for lost income occasioned by the wrongful layoff of the employee by the carrier."
OPINION OF BOARD: The Petitioner, A. M. Noble, was hired on March 21, 1975 to do
temporary work as an extra switchboard operator. This was a
non-bulletined position. The record shows that the first bulletined position
awarded the Claimant was that of mail clerk in the Carrier's Office Management
Services Department on January 7, 1980. In accordance with Rule 3 (a) and Rule
12 (b) of the working Agreement between the Carrier and the Organization (BRAC),
revised June 18, 1973, the Carrier established January 7, 1980, as the Petitioner's
seniority date.
On February 4, 1982 and thereafter the Petitioner filed a grievance with
the Carrier in order to "establish (her) proper seniority date" as March 21, 1975.
This grievance was denied on both procedural and substantive grounds by the
Carrier. On procedural grounds the greivance was denied because it had not been
filed in accordance with the provisions of working Agreement Rule 73. On substantive
grounds the Carrier stated that January 7, 1980 was the applicable seniority date
in accordance with the provisions of Rule 3 (a) and 12 (b) of the working Agreement
cited above. After these denials of the grievance the Petitioner then served
notice on December 21, 1982 of intention to file
an
_ex parte
submission
with the
Third
Division
of the National Railroad Adjustment Board for judgment and relief.
A review of the instant record shows a number of procedural errors on
the part of the Petitioner. Both Section 2, Second and Section 3, First (i) of
the Railway Labor Act, as well as Circular No. 1 issued by the National Railroad
Adjustment Board on October 10, 1934 clearly set out the procedural __,ce to be
followed by this Board, in its appellate role under the Act. Since there was
neither a conference on the dispute at bar held on property, nor an appeal made
to the Carrier's highest officer designated to hear such appeals prior to filing
with this Board, this case is not properly before the Board. It must, therefore,
be dismissed.
~R~i`
Award Number 25097 Pa
Docket Number MS-24993
,.,y0
13
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
aC~-~M_r'i
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.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST. ~~
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of October, 1984.