Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41100
Docket No. MS-41418
11-3-NRAB-00003-100300
The Third Division consisted of the regular members and in addition Referee
Patrick Halter when award was rendered.
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
(Brenda Taylor
(National Railroad Passenger Corporation (Amtrak)
"I Brenda Taylor would like to return to work as a train attendant,
with full reinstatement of seniority, pension and retirement benefits.
Both my primary care physician and my neurogist (sic) have cleared
me for return employment."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds 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
involved herein.
Adjustment Board has jurisdiction over the dispute
Parties to said dispute were given due notice of hearing thereon.
Neither the Petitioner nor her duly authorized representative filed a claim
concerning the matter set forth in the Statement of Claim now before the Board.
Indeed, none was progressed on the property as required by the applicable
Collective Bargaining Agreement.
Form 1
Page 2
Award No. 41100
Docket No. MS-41418
11-3-NRAB-00003-100300
This finding is dispositive of the claim because Section 3, First (i) of the
Railway Labor Act requires as a condition precedent to the Board's assumption of
jurisdiction that a dispute between an employee and a Carrier ". . . shall be handled
in the usual manner up to and including the chief operating officer of the carrier
designated to handle such disputes[.]"
Because a record of the claim now before the Board was not processed and
developed on the property, there is no appellate record for the Board to review.
Accordingly, the claim must be dismissed without consideration of the merits, if any.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to
Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 18th day of October 2011,