PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

"The Carrier (Chesapeake and Ohio Railway Company) violated Rule 44 of the Clerks' General Agreement as well as others, when they failed to pay employees of the Car Accounting Office, C&O Railway, Huntington, West Virginia rates that were comparable to those paid to employees of the Car Accountant's Office C&O-B&O Railway Company, Baltimore, Md. after the jobs located in Huntington, W . Va. were abolished and reestablished as part of a reorganization effort to further the process of transferring the work of the Huntington Office (Car Accounting) to Baltimore, Maryland (Car Accountant).

We contend that we should have been given the same rate of pay for the same jobs and that not only were the agreement rules violated, but discrimination was also a part of this viola tion.·

OPINION OF BOARD: This claim arises out of the consolidation of Carrier's
operations at Huntington, West Virginia, and Baltimore,
Maryland, under a Memorandum Agreement between the Carrier and The Brotherhood of
Railway, Airline and Steamship Clerks, dated March 3, 1982. The claim was filed
by K. M. Hawthorne on behalf of herself and 17 other Clerical employes in the Car
Accounting Office in Huntington, West Virginia. These employes contend that
under Rule 44 of the Clerks' General Agreement they are entitled to be paid the
same rates as those paid to similar employes in the Car Accountants' Office in
Baltimore, Maryland. The Carrier contends that the consolidation including the
rates of pay of the positions held by the Claimants was properly negotiated
between the parties and that, in any case, the handling of this claim was
procedurally defective and that the claim is precluded from consideration by this
Board.

A review of the way in which this claim was handled convinces this Board that the grievance procedures required by Rule 27 1/2 of the Agreement and by Section 3 First (il of the Railway Labor Act were not followed. Rule 27 1/2 states in part:



                    Locket Number MS-25487


        '(b) If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within 60 days from receipt of notice of disallowance, and the representative of the Carrier s notified in writing within that time of the rejection of his decision. Failing to comply with this provision, the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employes as to other similar claims grievances.


        '(c) The requirements outlined in Sections (a) and

        (b) of this rule pertaining to appeal by the employe and

        decision by the Carrier shall govern in appeals taken to

        each succeeding officer, except in cases of appeal from

        the decision of the highest officer designated by the

        Carrier to handle such disputes. A11 claims or grievances

        involved in a decision by the highest designated officer

        shall be barred unless within 9 months from the date of

        said officer's decision proceedings are instituted by

        the employe or his duly authorized representative before

        the appropriate division of the National Railroad Adjust

        ment Board or a system, group or regional board of adjust

        ment that has been agreed to by the parties hereto as

        provided in Section 3 Second of the Railway Labor Act.

        It is understood, however, that the parties may, by

        agreement in any particular case, extend the 9 months'

        period herein referred to.'


The record shows that these procedural requirements were not followed. After the initial claim in this dispute was filed on September 2, 1982, by the Local Chairman, Ms. Hawthorne appealed directly to the Board. Thus, the claim was not handled through the various levels of appeal as it should have been. In addition, no conference was held on the property as is required. Numerous Awards issued by this Division make it clear that this Board will not consider a claim which is not handled on this property in accordance with applicable Agreement rules and the applicable statutory requirements. (See Third Division Awards No. 23581, No. 19571, and No. 11896.) Since this claim was not handled in accordance with the required procedures, the Board must dismiss it.

        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 2, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the claim is barred.

                    Award Number 25536 Page 3

                    Docket Number MS-25487

                    A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest
        Nancy J DpC er - Executive Secretary


Dated at Chicago, Illinois, this 28th day of June 1985.