NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-27225
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Jeffrey Blank, formerly an employee of Consolidated Rail Corporation, brings this appeal to the
November 10, 1934). Notice of his intention to make an Ex Parte Submission
was given to the Board April 28, 1986, setting forth the submission intended
to address the question whether Mr. Blank's discharge was a lawful or proper.
This results from Mr. Blank's dismissal as imposed by the carrier in
letter dated August 16, 1985, following trial held on August 8, 1985. The
claim was submitted to Special Board of Adjustment No. 976; and in System
Dockets No. CR-1810-D and CR-1811-D (Awards Nos. 5 and 7) was denied."
OPINION OF BOARD: The record shows that the Claimant herein was involved in
three separate and distinct disciplinary Hearings. Two of
the Hearings resulted in the discipline of dismissal in each case, and one
resulted in a seven-day suspension.
The two dismissal cases were progressed on the property in accordance
with the provisions of the Railway Labor Act, and submitted to Special Board
of Adjustment No. 976. On March 21, 1986, that Special Board of Adjustment
rendered its Award Nos. 5 and 7, denying Claimant's appeals of discipline
dismissals.
The Awards of Special Board of Adjustment No. 976 were final and
binding on all parties, including the Claimant. The Awards constituted final
decisions in the termination of Claimant's employment relationship with the
Carrier. Those Awards are not subject to attack in proceedings before this
Board.
As Claimant's employment relationship with the Carrier has been terminated, the present Claim is
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 26472 Page 2
Docket Number MS-27225
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:
10,
Nancy J. De er - Executive Secretary
Dated at Chicago, Illinois, this 9th day of September 1987.