Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28872
THIRD DIVISION Docket No. MS-28960
91-3-89-3-359
The Third Division consisted of the regular members and in
addition Referee James E. Mason when award was rendered.
(Normand Petit
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"(1) The dismissal of Railroader N. Petit for allegedly being absent
without authority from June 29 through July 7, 1988 was without just and sufficient cause, arbitrary
violation of the Agreement.
(2) The Carrier violated the Agreement when it refused to afford
the Claimant his right of appeal as set forth in Section VI. 'Discipline',
following a hearing which was held on July 19, 1988.
(3) As a consequence of the violations referred to in either Part
(1) and/or Part (2) above, Mr. N. Petit shall be returned to his position with
all seniority and benefits unimpaired and he shall be paid for all wage loss
suffered."
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.
As Third Party in Interest, the United Transportation Union was
advised of the pendency of this dispute and filed a Submission with the
Division.
Form 1 Award
No. 28872
Page
2
Docket
No. MS-28960
91-3-89-3-359
This is one more in a series of cases involving the same Carrier and
its employees each of which has contained substantially the same jurisdictional and/or procedural al
Division Awards
28726, 28727, 28767, 28768, 28791
and
28816.
This case, however, contains one primary issue which was not present in any of the preceding
cases, namely, there is absolutely no identification in this case file to
indicate the craft or class of employees of which Claimant was a member. In
each of the previous cases there was a clear or easily discernible identification of the craft or cl
assigned at the time of the events which precipitated the action which was
under review. Here, however, neither the Claimant nor the Carrier gives any
clue whatsoever to the craft or class to which the Claimant was assigned at
the time of the events which precipitated his termination from the service of
the Carrier.
The jurisdiction of this Board is clearly defineo oy both Section
3,
First (h) of the Railway Labor Act, as amended, and by Circular
No. 1
of
the National Railroad Adjustment Board. The Third Division of the Board is
empowered "To have jurisdiction over disputes involving station, tower, and
telegraph employees, train dispatchers, maintenance-of-way men, clerical
employees, freight handlers, express, station, and store employees, signal
men, sleeping-car conductors, sleeping-car porters, and maids and dining-car
employees." From the record in this case it cannot be determined that Claimant was associated with a
While we continue to agree with and support the clear thinking logic
as expressed in another case on this Carrier decided by First Division Award
24019,
to wit:
"Regardless of what Carrier elects to call its
employees, the fact remains that Claimant was
working as an Engineer and, consequently, the
claim was appropriately advanced to the First
Division."
we must, in this case, conclude that the Third Division of the Board does not
have jurisdiction over the particular claim of this particular employee whose
craft and class is unspecified. We therefore, dismiss this case for lack of
jurisdiction without addressing the merits thereof.
A W A R D
Claim dismissed.
Form 1 Award No. 28872
Page 3 Docket No. MS-28960
91-3-89-3-359
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~// Ar
, ~,~ /rte
ancy . D -Executive Secretary
Dated at Chicago, Illinois, this 30th day of July 1991.