Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28617
THIRD DIVISION Docket No. MS-29277
90-3-90-3-305
(Harold G. Buckner
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
"(1) The correction of my seniority.
(2) The displacement of myself from my job on Section 5A17 by
employee C.C.Davis I.D. 159506."
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.
The record before the Board is clear that the Claim that the Petitioner is attempting to assert
accordance with the requirements of Sections 152, Second and 153, First (i) of
the Railway Labor Act as required by Circular-No- 1 of the National Railroad
Adjustment Board before the Petitioner filed his June 2, 1990 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
is a prerequisite to any case being refeKred to this Board. The purpose of
this Section of the Act was to encourage settlement of disputes between the
parties, rather than "automatic" referrals of disputes to the Board.
Form 1 Award No. 28617
Page 2 Docket No. MS-29277
90-3-90-3-305
The record of this case indicates that no conference relative to this
Claim was held on the property prior to its submission to the Board. Accordingly, we have no alterna
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~r.~ f/~ ~~
Nancy J. p -Executive Secretary
Dated at Chicago, Illinois, this 16th day of November 1990.