NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26577
James R. Johnson, Referee
(Grant L. MacDonald
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM:
"I. The referenced employee has been improperly and/or illegally discharged or otherwise refused
II. Is therefore entitled to an ordered remedy including but not
limited to reinstatement with full back pay and benefits."
OPINION OF BOARD: Claimant was employed by the Carrier as an Assistant Signal
man. He was furloughed in January, 1983, and was sent a
letter dated March 29, 1983, which recalled him to service. The letter
instructed him to report for work on April 4, 1983, and reminded him that Rule
33 of the Schedule Agreement required him to return to service within 14 con
secutive calendar days after being notified, or he would forfeit all seniority.
A dispute arose as to whether Claimant complied with the requirements of Rule 33, and the Carrie
forfeited all seniority and his employment was terminated.
The Carrier raises several procedural arguments, and asserts that
the Board must address them before it may turn to the merits of the dispute.
Specifically, the Carrier argues that the Claim was not appealed to its
Regional Manager of Labor Relations (the second step appeal), nor to its
Director of Labor Relations (the third step appeal). Further, it was not
discussed in conference on the property, as required by contract and the
Railway Labor Act.
Moreover, the Carrier points out that the appeal to the National
Railroad Adjustment Board was made more than two years after the action which
gave rise to the Claim, and the Petitioner's appeal is in conflict with the
Rules of the Third Division, the contract between the parties, and the Railway
Labor Act.
Prior Awards of this Division and other Boards have consistently
held that our jurisdiction is limited to cases which have been handled on the
property in conformity with the contract and the Railway Labor Act.
Award Number 26242 Page 2
Docket Number MS-26577
It is neither appropriate, nor within our jurisdiction, to adjudicate a Claim which the parties
the Railway Labor Act procedures is to enable the parties to resolve disputes
themselves, and the National Railroad Adjustment Board is established to
resolve those "minor" disputes which they cannot resolve. In the absence of
an attempt to resolve or otherwise adjust the matter by the parties, this
Board lacks jurisdiction in the matter.
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 is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy
~V
Dever - Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1987.