Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 39934
Docket No. MS-40544
09-3-NRAB-00003-080221
The Third Division consisted of the red members and in addition Referee
Martin H. Malin when award was rendered.
(Jerry Nichols
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak
STATEMENT OF CLAIM:
"l. I, Jerry Nichols was terminated with no representation under
Rule # 35. Then I asked for a copy of my paperwork and it is
now Rule #024. 1 was contracted to Amtrak from Southern
Pacific for six years. After 6 years we were suppose to have the
option of returning to Southern Pack providing they had a
job opening for us. That option was never offered nor
presented to us. The union rep. Nor the personnel office of
Amtrak did not make any effort to give me the information on
how to return to Southern Pacific after my six years had
expired.
August 21, 1981. 1 went to a hearing and the union Rep Frank
Johnson said his hands were tied. I had permission to make a
phone call to the hospital, to check on my sick grandmother.
The train had been sitting there for over two hours. As I
stepped into the phone booth the train left. James Moody had
given me permission. I caught the train to make the return trip
back to Los Angeles. After the hearing I was given three
months on the ground. Rep. Frank Johnson advised me to
wave my rights because they might terminate me or give me six
months on the ground.
3. Aug. 1981 1 asked the union Rep. Frank Johnson did we have
an option to join the Brac's and fireman's union or the
Form 1 Award No. 39934
Page 2 Docket No. MS-40544
09-3-NRAB-00003-080221
maintained union these were labor unions. Frank Johnson said
that allied Service Division assumed jurisdiction of local #546.
Brac was a supervisor clerk union. I was # 1 waiter and
Washington sent an agreement that superseded any and all
agreements. They selected people of their choice. Feb. 4, 1982
I received a notice for a formal investigation that was cancelled
do to false statements. The date of my hearing was May 25,
1982. I returned to work on May 28, 1982 and May 27, 1982
we received our new contract stating that we were to get an
18 °lo
pay raise over 39 months and freight and a little more
than 30% we were not given the opportunity to vote as stated
in my transcript. I also
did
not sign any paperwork to give
them power of attorney saying that I understand and I further
understand. As I stated in my script and I still don't
understand what it was all about. I was terminated on June 3,
1982. Who is responsible for me Southern Pacific or National
rail passenger corp. after my six years had expired? I never
received the money that was owed to me from Southern Pacific
nor any retroactive pay when I was terminated."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, fmds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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 claim protests actions that allegedly occurred in 1982. The claim was not
filed until 2008. On its face, the claim is grossly untimely and must be denied.
Form 1 Award No. 39934
Page 3 Docket No. MS-40544
09-3-NRAB-00003-080221
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of August 2009.