NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30039
Docket No. MS-29962
94-3-91-3-359
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brian T. Shipley
PARTIES TO DISPUTE:
(Chicago and North Western Transportation
(Company
STATEMENT OF CLAIM:
"Whether or not Rule 24(b) of the T.C.U. (BRAG) Agreement
effective May
15,
1972 is a restrictive rule. (ie)
Does Rule 24(b) Specifically prohibit returning 3(f)
employees from bidding on and being awarded clerical
positions until afte they have been relieved from their
former craft, or does the wording when relieved merely
convey the status of 1(i), 1(j), and 7(b) employees who
have (sic) been relieved of their positions under Rule
1(k).
If it is found that the wording, when relieved, is not
restrictive to 3 (f) employees, I request that my
original district 15 seniority (Oct 31, 1972) be
transferred intact to district 17. I also request that
I be allowed certain a monetary award because of my
seniority (sic) being restricted for over two years to
date."
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 employe 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.
The record in this Claim includes extensive correspondence
between the Claimant, the Carrier and various others. The record
Form 1 Award No. 30039
Page 2 Docket No. MS-29962
94-3-91-3-359
does not show, however, that the Claim was handled in the usual
fashion on the property, which is a firm requirement prior to
consideration by the Board. Under this circumstance, the Board is
without authority to consider the Claim.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ClQzie«-e
Catherine Loughri Interim Secretary to the Board
Dated at Chicago, Illinois, this 17th day of February 1994.