NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-25378
Frances Penn, Referee
(Charlotte D. Ellsworth
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
"The nature of claim is job harrassment (sic)."
OPINION OF BOARD: This claim was filed by Ms. Charlotte D. Ellsworth on her
own behalf. Ms. Ellsworth contends that when she was working
Steno Position 102 between June 7, 1982, and June 23, 1982, she was harassed on
the job by Assistant Superintendent D. C. Heird. The Carrier contends that the
dispute was resolved directly between Ms. Ellsworth and Mr. Heird and that the
claim should be dismissed because this Board lacks jurisdiction over claims which
have not been properly handled on the property.
After careful evaluation of the entire record, the Board finds several
procedural defects, each of which prevents this claim from consideration on its
merits.
The record makes it clear that the Claimant did not follow the
procedures required by the current Agreement between the parties as set forth in
Rule 24 and as required by Section 3, First (i) of the Railway Labor Act. Rule
24 reads in part:
"RULE 24
TIME LIMIT ON CLAIMS AND GRIEVANCES
SHORTAGE ON PAYROLL VOUCHER
(From Article V of August 21, 1954 National Agreement)
(a) All claims or grievances must be presented in
writing by or on behalf of the employe involved, to the
officer of the Carrier authorized to receive same, within
60 days from the date of occurrence on which the claim
or grievance is based."
No claim or grievance was presented in writing by the Claimant within
60 days as required. The Claimant first notified the Carrier of her complaint in
a letter dated October 14, 1982, well beyond the stated time limit. Rule 50 of
the Agreement provides:
Award Number 25533 Page 2
Docket Number MS-25378
"RULE 50
GRIEVANCES
An employe who considers himself unjustly treated
shall have the same right of investigation and appeal as
provided in Rules 46, 48 and 49 if written request is made
to his superior within fifteen (15) days of the cause of
complaint."
The Claimant made no timely written request to her Supervisor as required.
She never requested a hearing, and no conference was held on the property.
Finally, the Board finds that this claim does not meet the requirements
of Circular 1 of this Board, which provides in pertinent part:
"FORM OF SUBMISSION
t ~
"STATEMENT OF CLAIM: Under this caption the petitioners
must clearly state the particular question upon which an
award is desired." (Emphasis added)
Awards of this Board have long held that claims that do not clearly
identify the specifics of the dispute must be dismissed for failure to comply
with the Board's Rules of Procedure. In this case, the Claimant has not identified
any specific rule or rules that she alleges have been violated by the Carrier and
cites no speci..`ic.s in respect to the incident in the claim. Nowhere in the
correspondence between the Claimant and the Carrier has any rule or rules violation
by the Carrier been alleged. Therefore, the Board has no other recourse 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 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 er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of June 1985.