Form 1 NATIONAL RAILROAD ADJSUTMENT BOARD Award No. 26853
THIRD DIVISION Docket No. MS-26693
88-3-85-3-705
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Sharon Marz
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
"This is to serve notice as required by the rules of National RR
adjustment Board, of my intention to file an ex parte submission covering an
unadjusted dispute between me and the Burlington Northern and BRAC union
lodges 1310 and 593 involving the question.
Unfair treatment given to me in this force move from Dist 3 to Dist 2
in Oct 22, 1985.
Special treatment given to Pam Henderson Emp //3016078 and Frank
Delgado Emp $3018819, I claim that Tom Wilcox didnot give me the oposition to
use Article IV Section 1(B). He was asked about disqualify me for health
reasons but his answer was 'I will check.' Nothing happen except you can't
disqualify yourself. Lois O'Toole was standing there and she asked him if
there was a way.
I also claim that Northtown is in violation of rule 13 to fill these
GREB positions I am forced to take, the superintendent office extra list was
change to a GREB in Oct of 85, which in that senority district.
I am claiming that the BN and union is discrimmating against me
because rule 19A dose not apply to me nor rule 14A. There are 49 names junior
to me on the St Paul GOB January of 85 senority list, where are they?
The company and union is also discrimmating against me by making a
buy off of 35000 dollars to those in the St Paul GOB and not those whose home
district is St Paul GOB, and was forced to take the Northtown GREB positions
on Oct 21, 1985.
The union and company did not allow me to use the rule article IV
section 1(B) in Oct of 85 and forced me to take the GREB position and because
I can't handle this position I am on a 90 day medical leave.
I have not gotten a letter from William but I am sending in my grievance under 30 day notice rul
Form 1 Award No. 26853
Page 2 Docket No. MS-26693
88-3-85-3-705
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
A careful review of the instant case requires the Board to dismiss
this claim for procedural defects. Our jurisdiction is limited by the requirements set forth by Sect
and Circular No. 1 of the National Railroad Adjustment Board. This Board may
only decide such cases as were presented on the property in the "usual manner"
within the prevailing Rules of Agreements.
In the instant case a review of the record indicates that there is no
correspondence between the Organization and the Carrier. The instant dispute
is between the Claimant and the organization for which this Board lacks jurisdiction.
Even if arguendo, the Claim were properly before this Board, which it
most assuredly is not, it lacks merit. Under the provisions of Appendix A,
Article IV, Section 1(b) available positions had to be offered in seniority
order and that was clearly done. Claimant did not have to accept the position
on the first go around. If all positions were accepted, she could avoid those
positions and still retain protective benefits. However, if, as here, all
positions were not accepted by senior employees for whatever reason, the Rule
required acceptance "in reverse order of seniority" which now included her.
Although one employee below her was not offered, the record clearly shows that
employee did not speak English and was not fit for the position. Claimant's
anguish is clear and the grievance sincere, but the Board's review indicates
no violation of rights whatsoever.
Due to the fact that this Claim was not presented on the property,
appealed to the appropriate Carrier officials, nor was a conference held
relative thereto, the Claim is dismissed on procedural grounds.
Form 1 Award No. 26853
Page 3 Docket No. MS-26693
88-3-85-3-705
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
'~z 0~0
'Nancy J. Dey Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.