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:
(Consolidated Rail Corporation
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.
Parties to said dispute waived right of appearance at hearing thereon.
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.
A W A R D
Claim dismissed.
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:/
7-Nancy J D er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of November 1988.