Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27619
THIRD DIVISION Docket No. MS-26922
88-3-85-3-697
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.

(Robert W. Black PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

"I notified the carrier of my illness. I didn't appeal under rule 28B because I was never aware of such rule. The union did not advise me of it either. But as you can see I called them on 4 or 5 occasions."

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.



By letter dated July 11, 1983, Claimant was notified that, under the provisions of Rule 28(b), he had forfeited his seniority. The Carrier challenges the Claimant's Stat than a "vague and indefinite question which seeks merely an affirmation of the correctness of Claimant's position." This Board is inclined to agree with this contention and emphasizes the Statement of Claim does not ask for a remedy nor does it cite any alleged Agreement violation. Given the above conclusions, we find the dispute has not been handled in accordance with the provisions of the applicable Agreement, the requirements of the Railway Labor Act or Circular No. 1 of the National Railroad Adjustment Board. Accordingly, we must dismiss the Claim.




Form 1 Award No. 27619
Page 2 Docket No. MS-26922
88-3-85-3-697
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:/


Dated at Chicago, Illinois, this 23rd day of November 1988.