Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6610
SECOND DIVISION Docket No. 6462
The Second Division consisted of the-regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
( System Federation No. 12, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
Chicago and Northwestern Railway Company
Dispute: Claim of Employes:
1. That Carrier unjustly assigned section men to perform Carmen's work
at the wreck at Dunkerton, Ia.
2. That the Carrier be ordered to pay three claimants. Carman 0. F.
Resor 8 1/2 and 9 1/2 hours at overtime rate for June 20th, and 8 1/2
and 9 1/2 hours for June 21, 1971; Mr. C. D. Hillman, Carman 8 1/2 and
16 hours overtime rate for June 20th and the same amount for June 21,
' 1971; Mr. D. C: Stawn, Carman$ 15 hours and 9 1/2 hours at overtime
rate for June 20th and the same amounts for June 21, 1971.
Findings:
. . The Second DZvi-ion of the Adjustment Board, upon
t::2
whole record aanu ail
uhe 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.
In this dispute involving a wrecking crew, the claim presented to the Board
for compensation at the overtime rate was as follows:
June 20th June 21st
Resor 18 hours 18 hours
Hillman 24 1/2 hours 24 1/2 hours
Stawn 24 1/2 hours 24 1/2 hours
The claim submitted on the property, and appealed to the highest officer of Carrier
was as follows:
June 20th June 21st
Resor 8 1/2-hours 9 1/2 hours
Hillman 8 1/2 hours 16 hours
r
Stawn 15 hours 9 1/2 hours
Form 1
Pa ge 2
Award No. 6610
Docket No. 6462
2-C&NW-CM-'74
The record indicates that the claim as outlined first above was repeated twice in the
notice letter to the Board, dated September 25, 1972, indicating the intent to file an
ex parte submission, as well as in the submission itself. Obviously the claim has
been doubled, Petitioner claims due to "typographical error". If in error, it has
been compounded by being repeated several times and resulted in the claim being
expanded in its presentation to this Board.
We find that the claim presented to this Board is not the same claim
progressed on the property and we are foreclosed from considering it on its merits.
Because of its fatal expantion, the claim before us has not been handled on the propert:
as required by Section 3, First (i) of the Railway Labor Act and must be dismissed
(See Awards 5396, 5783, 4659 and others).
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL
RAILROAD
ADJUSTMENT BOARD
By Order of Second Division
By
/. ~~_..l~
Rosemarie Brasch - Administrative Assistant
Dated a t Chicago, Illinois, this 8th day of January, 1974.