Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29211
THIRD DIVISION Docket No. MS-29607
92-3-91-3-54
The Third Division consisted of the regular members and in
addition Referee James E. Mason when award was rendered.
(Frank R. Falcone
PARTIES TO DISPUTE: (
(New Jersey Transit Rail Operation, Inc.
STATEMENT OF CLAIM:
"My claim is that I have been improperly represented by the Brotherhood of Railroad Signalmen's
Chairman of the B.R.S. deceived me by telling me that he represented me when
in fact he didn't, and later when he finally had to represent me, he put
little or no effort into my claim.
My claim is t'aat on Aug. 2, 1989, while not yet 60 years old, I left
New Jersey Transit Railroad and went to the U.S. Railroad Retirement Board in
Newark, N.J. and requested my pension. I did this because I let my emotions
get the best of me because of the way N.J. Transit was running the railroad.
At this time, I didn't sign any letter of resignation nor did I waive my
seniority."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record
and all the evidence, _inds 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.
From a review of the record in this case, it is clear that there is
no proper matter before this Board which the Board has jurisdiction or authority to resolve.
153 First (i) of the Railway Labor Act, as amended. In addition, there is' no
indication in the record that any rule of the Agreement has allegedly been
violated by Carrier. 3y Claimant's own admission, his actions of "walking of
job" (sic) and requesting his pension from the U. S. Railroad Retirement Board
were taken of his own :ree will and volition. There simply is no dispute in
this case file for our Board to resolve. Therefore, this dispute is dismissed.
Form 1 Award No. 29211
Page 2 Docket No. MS-29607
92-3-91-3-54
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 7th day of May 1992.