Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27100
THIRD DIVISION Docket No. MS-26946
88-3-85-3-685
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Randall L. Hupp
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
"Whether Claimant is entitled to recover for all expenses and damages
associated with the misapplication of the Collective Bargaining Agreement
between BRAC and said Carrier and resulting from the transfer of Mr. Hupp to
Seligman, Arizona".
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.
On October 22, 1984, the Organization and the Carrier signed an
Implementing Agreement which essentially provided that the Claimant would be
offered a Caller-Janitor position locate%' at Seligman, Arizona. Th·> Agreement
clearly stated that it was the choice of the euployee to accept or decline the
position. However, once the choice was made, it was "irrevocable." The
Agreement mainly provided: (a) that if the employee elected '·_ transfer to
Seligman, his seniority would be dovetailed in his new seniority dicirict; (b)
for a number of other elements concerning displacement and monetary rights
associated with the transfer; and (c) cited pertinent r-(:.ions of the parties'
Agreement which were relied upon in this matter. On October 30, 1984, the
ClaimanG,signed an Election Sheet c~pended to the aforementioned Implementing
Agreement, accepting the positio°.
-Ir
;eli-man. Subsequently,, he moved from
Pueblo, Colorado to Seligman.
By letter, dated January 30, 1985, the Claimant filed a detailed
claim with the Carrier alleging a nuu.ber and variety of violations of the
parties` Agreement. Following a declination of the claim by the Carrier's
Superintendent, the Claimant submitted riclaim directly to the Third
Division.
Form 1 Award No. 27100
Page 2 Docket No. MS-26946
88-3-85-3-685
The Board has carefully reviewed the record before us and we conclude
that we must dismiss the claim for lack of jurisdiction. Essentially, this
dispute involves interpretation of the February 7, 1965 Agreement, which provided that any dispute a
Board of Adjustment 605. Moreover, the matter at issue was not conferenced on
the property as required by the Railway Labor Act. Therefore, this matter is
not properly before us.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. a -Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1988.