NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25350
Frances Penn, Referee
(E. F. Gibson
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM:
"Carrier violated the rules of the Clerks' Agreement and the Washington
Agreement when my position of Record Clerk, Pos. No. A-26 was abolished May 1,
1981 and work was transferred to J. A. Binford's office in Richmond, Va. and
Supt. of Transportation in Baltimore, Md. This work was not transferred to Car
Accounting Office in Baltimore, as if that would make a difference under the
contract.
I contend that I should have been given the right to transfer with my
work or be given severance pay."
OPINION OF BOARD: The dispute in this matter involves the Ex Parte Submission
filed by the Claimant, E. F. Gibson, in which she alleges that
the August 1981 consolidation of Carrier's operations at Huntington, West
Virginia, and Baltimore, Maryland, violated the Clerks' Agreement and the
Washington Agreement. The Claimant contends that she should have been allowed by
the Carrier to follow her work or she should be given severance pay. The Carrier
contends that the handling of this claim was procedurally defective and that the
Board lacks jurisdiction to overturn the Agreement and interpretations thereof
which have been negotiated and agreed upon by the parties.
The Board finds that the Claimant failed to process her claim in accordance
with the rules which prescribe the procedure for handling grievances. Agreement
Rule 27 1/2 requires in pertinent part:
"(a) A11 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 the
occurrence on which the claim or grievance is based. Should any
such claim or grievance be disallowed, the Carrier shall, within
60 days from the date same is filed, notify whoever filed the
claim or grievance (the employe or his representative) in
writing of the reasons for such disallowance. If not so notified,
the claim or grievance shall be allowed as presented, but this shall
not be considered as a precedent or waiver of the contentions of
the Carrier as to other similar claims or grievances.
"(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 shall be 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 or grievances."
Award Number 25557 Page 2
Docket Number MS-25350
In this instance, protest was filed by the Claimant on June 6, 1981,
directly to BRAC President Kroll. There was no handling with the Carrier as
required by Rule 27 1/2 prior to appeal to this Board. (See Third Division
Awards No. 23581 and No. 19571 and Second Division Award No. 8642). Furthermore,
there was no conference on the property between the parties to this dispute as
required by Sections 152 Second and 153 First (i) of the Railway Labor Act. (See
Third Division Award No. 11896 and Second Division Awards No. 6540 and No. 7155).
In accordance with the applicable Rules and the Awards cited, the Board finds
that this claim is procedurally defective. Thus the claim is precluded from
consideration and must be dismissed.
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
Attes ,
Nancy ./fiver - Executive Secretary
Dated at Chicago, Illinois, this 26th day of July 1985.