Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27932
THIRD DIVISION Docket No. MS-27487
89-3-87-3-201
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(W. A. Keevan
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM:
"This letter is to serve written notice of my intention to file an ex
parte submission on April 10, 1987. The questions involved concern protective
benefits for employees under the April 1, 1981 agreement, with regard to
actions taken by the Illinois Central Gulf Railroad to abuse and subsequently
deprive employees of compensation through the use of Article III, Section 1 of
said agreement."
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.
Claimant, who was employed by Carrier as an Extra Clerk in the
Mobile, Alabama Freight Yard office, was denied protective payments from March
1 through December 31, 1986. He contends that Carrier denied him protective
payments as a result of an improper method of calculating a decline in business. The Organization, h
valid. Claimant continued to process it on his own and has forwarded it to
the Third Division.
This Board has reviewed the record as presented, and we are required
to dismiss the claim as not meeting the procedural requirements of the Railway
Labor Act. There is no indication in the record that this claim was ever conferenced on the property
Board has rendered Awards on many occasions that dismissed such claims. The
Board does not have jurisdiction if the procedures leading up to a Board
review have not been followed.
Form 1 Award No. 27932
Page 2 Docket No. MS-27487
89-3-87-3-201
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.