Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27668
THIRD DIVISION Docket No. MS-27524
89-3-86-3-840
The Third Division consisted of the regular members and in
addition Referee Stanley E. Kravit when award was rendered.
(Thomas L. Scott
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM:
"V. L. Jenkins (with no Group B seniority) received Group B pay plus
the 298 award from January 1 to March 3, 1986 while I (who have Group B seniority) was unvoluntarily
by management."
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 and employees 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.
In January, 1986, Claimant asked the General Chairman to file a claim
on his behalf for six days pay because a junior employee worked while he was
furloughed. Eventually, other claims were appealed for dates beginning January 6,
1986, and continuing until the Claimant was allowed to work in place of the junior
employee.
In April, 1986, the Engineering Superintendent determined that a
portion of the claim was valid and paid Claimant 10 days. In September, however, it was discovered t
days and the Claimant was paid for all time from January 2 through February
28, 1986. Finally, in November it was agreed that the Claimant would be paid
an additional five days to completely clear up his claim. The record verifies
the Organization's agreement with the resolution of the claims.
Nevertheless, on December 26, 1986, Claimant submitted an ex parte
appeal directly to the Board, despite the fact that the claim was never appealed
to the Carrier's highest designated officer on the property and was never handled in conference.
Initially, we lack jurisdiction to consider the Claim. In accord
Form 1 Award No. 27668
Page 2 Docket No. MS-27574
89-3-86-3-840
with Section 3, First (i) of the Railway Labor Act, before we can consider a
claim, the particular dispute "...shall be handled in the usual manner up to
and including the chief operating officer of the carrier designated to handle
such disputes
...."
Moreover, Section 2, Second of the Act requires that all
"...disputes between a carrier and its ...employes shall be considered... in
conference between representatives designated and authorized so to confer ...by
the carrier ...and...the employees ...." Circular No. 1 of this Board reiterates
these jurisdictional requirements by stating "No petition shall be considered
...unless the subject matter has been handled in accordance with the provisions
of the Railway Labor Act
...."
It is undisputed that appropriate appeals to the
Carrier's chief operating officer designated to handle disputes or required
conference on the property were not held prior to the submission of the instant
matter to this Board. It is well established that we therefore lack jurisdiction to consider the Cla
pointedly precluded from reviewing and deciding Employee claims that were not
fully handled on the Employer's property..."). See also Third Division Awards
18951, 19709, 19751, 25514, 25676, 25709.
Furthermore, as noted hereinbefore, the record shows that the issues
before the Board in the present case were settled by agreement on the property
between the designated representative of the collective bargaining unit representing the craft i
Organization and the appropriate appeals officer is binding on all parties and
leaves nothing for the Board to decide. (Third Division Awards 22458, 11563,
7061; First Division Award 23083). The Claim will be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
cy J. r - Executive Secretary
Dated at Chicago, Illinois, this 17th day of January 1989.