NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25903
John W. Gaines, Referee
(James S. Gonda
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad
Company
STATEMENT OF CLAIM:
"This correspondence is sent with the
intention of
serving notice, as required
by the rules of the National Railroad Adjustment Board, of an ex parte submission
to be filed by myself, Mr. James S. Gonda, within thirty (30) days from today,
said submission to be filed with the same board. The submission concerns an
unadjusted dispute between myself and the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company involving the question of whether I applied for
severance pay in a timely manner, within sixty (60) days of the date my
employment with the railroad was severed.'
OPINION OF BOARD: Claimant (Petitioner herein) was displaced on July 7,
1981, and has not since been in Carrier's employment. In
the Position of Petitioner as set forth in his Submission to us, he states:
"4. POSITION OF PETITIONER:
"Pursuant to the Milwaukee Railroad Restructuring Act
Agreement, §9(a), petitioner filed for severance benefits
in a timely manner (i.e. by August 27, 1981). The timeliness of said filing is apparently recognized
Werner, Director of Labor Relations for the railroad, as
evidenced by his letter of August 31, 1983, attached hereto
as Exhibit 'A'. Based upon timely filing, petitioner maintains that he is entitled to severance bene
1981, through the period allowed by the Restructuring Act
Agreement.·
Section 9(a) of the MRRA Agreement thus invoked by Petitioner governs
the present dispute because this time claim is for severance pay. It confers,
expressly therein, exclusive jurisdiction on the Railroad Retirement Board
for handling this subject matter. As a condition precedent, Section 9(a)
sets the time limited to 60 days to file the original claim with Carrier.
Examination of the record presented indicates the claim was untimely filed.
The difficulty to Petitioner in turning to this Board is we do not
have jurisdiction. It is vested in an entirely different body, the Railroad
Retirement Board. The claim brought here before us, must be dismissed.
Award Number 25671 Page 2
Docket Number MS-25903
Petitioner requested, and made his personal appearance at, an oral
hearing held by this Board, with Referee present. Carrier appeared through
its representative and Petitioner appeared pro se.
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 be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J Wer - Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1985.