Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27286
THIRD DIVISION Docket No. MS-27371
88-3-86-3-601
The Third Division consisted of the regular members and in
addition Referee John E. Cloney when award was rendered.
(Ralph P. Winans
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Said undersigned claims rights to job employment as tie and lumber
inspector in the job employment position recently vacated by the late Robert
(Bob) Rolli; validated in inclusion of, and exceeding, scope contract agreements and general contrac
parties to said contracts, acknowledging maintenance of above entry level job
employment form 2960-C (Rev. 10-82) Union Pacific Railroad Company against
said job employment position by certified mail with return receipt as required
by said company. Since there had been no response, claim was furthered by
process through the said BRAC union to the said company by certified mail with
return receipt validating said claims and verifying right of the said undersigned to tie and timber
Oregon occupied by C. M. Kyger. The same rules that govern the said undersigned, and help the said c
said company, and help the employee. There has been no response from the said
company, even though the said claims have been completely, and correctly, processed by process of ce
union to said company."
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.
The Claimant apparently bases his Claim upon the refusal of Carrier
to promote him to the non-agreement position of Tie and Timber Inspector and
the Organization's failure to act on upon an unsigned petition he presented
requiring the Organization negotiate a $185,000 severance Agreement. These
Form I Award No. 27286
Page 2 Docket No. MS-27371
88-3-86-3-601
Claims were asserted in a series of letters to various Carrier and Organization personnel, none
The evidence does not show the dispute was progressed on the property in conformity with the Agreeme
Officer designated to handle disputes.
Accordingly, the Claim has not been handled in the manner required by
the Agreement and the Railway Labor Act. In accordance with Circular No. 1 of
the National Railroad Adjustment Board, the Claim must be dismissed. Furthermore, even if the merits
violated.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 12th day of August 1988.