Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28122
THIRD DIVISION Docket No. MS-27835
89-3-87-3-347
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(James A. Allen
(James E. Simmons
PARTIES TO DISPUTE:
(Illinois Central Railroad
STATEMENT OF CLAIM:
"Whether we, as management employees and members of the Brotherhood
of Maintenance of Way Employes Union were treated discriminatorily due to the
fact that we belonged to the Brotherhood of Maintenance of Way Employees Union
when the Illinois Central Gulf Railroad closed its Mobile, Alabama office and
offered us $15,000 in severance pay, while clerical workers belonging to the
BRACT Union, were paid $36,000 in severance pay and those employees in
management but not in our union were paid $25,000 in severace (sic) pay."
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 were given due notice of hearing thereon.
Effective with the close of business on April 4, 1986, Claimants
were officially notified that their management positions as Building Engineers
were abolished. They contend that as management employees, they were treated
in a discriminatory fashion when Carrier closed its Mobile, Alabama, General
Accounting and C&CS offices and offered them $15,000 in severance pay, while
offering BRAC clerical workers $36,000 and other non-union management employees $25,000.
A complete review of the record shows that the Board lacks jurisdiction to decide this Claim
the meaning of Section 151, Fifth, of the Railway Labor Act. (See Fourth
Division Awards 4668, 4667, 4276, and 14.)
Form 1 Award No. 28122
Page 2 Docket No. MS-27835
89-3-87-3-347
Second, the Board does not have jurisdiction under the Railway Labor
Act to entertain claims by employees not covered by a collective bargaining
agreement. As provided in Section 153, First (i), of the Railway Labor Act,
the Board is concerned only, as to individuals, with "disputes between an
employee...and a Carrier ...growing out of grievances or out of the interpretation or application of
working conditions
...."
In this instance, Claimants worked as non-union
employees without any contract applicable to their employment as Building
Engineers. Therefore, the Board has no contractual basis upon which to rule.
(See First Division Award 21870, and Fourth Division Awards 4548, 4513, 4507,
4410, 4205, 3248, and 2511.)
Furthermore, the record before the Board is clear that the Claim was
not handled on the property in accordance with the requirements of Section
152, Second, and 153, First (i), of the Railway Labor Act as required by
Circular No. 1 of this Board before Claimants belatedly filed their April 27,
1987 Notice of Intent with the Board.
Suffice to say that under Section 152, Second, it is mandatory that
all disputes must be considered, and, if possible, decided, with all expedition, in conference betwe
a prerequisite to any case being referred to this Board. The record of this
case indicates that no conference relative to this Claim was held on the
property prior to its submission to this Board. (See First Division Award
23826; Second Division Awards 11586, 11416, 7155; Third Division Award 27482;
Fourth Division Award 4664.)
As for Claimants' contention they were treated in a discriminatory
fashion, see Second Division Award 11285.
The Carrier raises additional procedural and substantive defenses to
the Claim that this Board need not reach in view of our finding that the Board
is without jurisdiction to hear the dispute.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
10
Attest: _
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of September 1989.