NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-27257
(Alfred Stone
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Mr. Alfred Stone was employed by AMTRAK as a Ticket Agent working
out of the Baltimore, Maryland office from September, 1983 through October 31,
1985 when he was terminated. Mr. Stone, as well as other AMTRAK employees in
his classification, worked without a contract from June, 1984, until his termination on October 31,
Railroad Agreement was ratified. The agreement awarded members a $565.00 lump
sum payment in lieu of a general wage increase retroactive to June, 1984, the
date the previous contract expired as well as a 2% general wage increase retroactive to December 1,
Mr. Stone asserts that he is entitled to the lump sum payment prorated through October 31, 1985,
part of the period involved. He believes that the terms set forth in Article
I discriminate against former employees who may have worked as long as 21
months without a contract while permitting renumeration (sic) of the lump sum
payment to those who have retired as well as the heirs of those who have
expired, but not those who terminated their employment before the date of the
payment of the lump sum."
OPINION OF BOARD: The record is clear that the Claim that the Petitioner has
submitted to this Board was not handled in the usual manner
on the property as required by the Railway Labor Act, Circular No. 1 of the
National Railroad Adjustment Board, and the provisions of the applicable
Collective Bargaining Agreement. An alleged conversation with a Union Repre
sentative does not satisfy the requirements. The Claim must be dismissed as
not being properly before the Board.
If the Claim were properly before the Board it would be denied on
its merits as the Agreement of April 15, 1986, relied upon, clearly does not
provide the benefits being sought by the Claimant. The Board is not authorized to change or amend Co
an interpretation.
It is also noted that the Petitioner did not sign the Submission or
Rebuttal Statement, as required by Circular No. 1 of the National Railroad
Adjustment Board.
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;
Award Number 26335 Page 2
Docket Number MS-27257
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
000,
Attest:
Nancy J Wf/er - Executive Secretary
Dated at Chicago, Illinois, this 8th day of June 1997.