Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27584
THIRD DIVISION Docket No. MS-26899
88-3-86-3-39
The Third Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(C. R. Weinert
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM:
"1. Carrier violated the state of moratorium between the company and
the union causing the claimant a loss (At that time) in 20 years seniority and
the loss of his job while forcing him across craft lines without an applicable
agreement.
2. Carrier refused the claimants' rights to proper representation.
3. Carrier violated the Clerks Rules Agreements when it refused to
allow claimant to exercise his seniority on a job in which his seniority
permitted and forced him back on his former position without his permission.
4. Carrier consolidated this claim with another claim without
claimants permission thus denying claimant due process.
5. Carriers action was arbitrary and very unreasonable due to the
facts involved.
6. Carrier should compensate claimant (C. R. Weinert) for every day
he has been worked off of Crew Clerk Job #5 due to carriers arbitrary, unreasonable and violative ac
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 Board has studied the various correspondence between the Claimant
and his Organization and between the Claimant and the Carrier which is found
in the record before it and has compared the record with the Statement of
Form 1 Award No. 27584
Page 2 Docket No. MS-26899
88-3-86-3-39
Claim filed before the Board. The Board has also studied the submissions
accompanying the record of both the Claimant and the Carrier.
The record contains no claims filed by the Organization with the
Carrier on behalf of the Claimant. The record does contain various correspondence by the Claimant to
the Carrier's Operation's Field Supervisor, a June 7, 1985, response to that
letter by this Supervisor, and June 29, July 17 and November 18, 1985, letters
to the Carrier's Director of Labor Relations and Personnel. These-letters are
answered by the Director by correspondence dated July 16, 1985, and December
9, 1985. Scrutiny of this correspondence fails to show any Agreement Rules
cited which were allegedly violated by the Carrier. Since such is the case
this claim must be dismissed because of procedural defect. The authority of
the Board is limited to the interpretation of collective bargaining contracts
(See Third Division Awards 6695, 21697 inter _alia). The Carrier also argues
that the Claimant was in violation of the time limits provision of Article V
of the 1954 Agreement. In view of the Board's ruling on its jurisdictional
authority with respect to this claim it need not rule on this procedural
objection raised by the Carrier.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: '
Nancy J.
jr-
Executive Secretary
Dated at Chicago, Illinois, this 29th day of September 1988.