Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7097
SECOND DIVISION Docket No.
6
2-SLSF-MA-'76
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(
( St. Louis-San Francisco Railway Compar~r
Dispute: Claim of Em loyes:
( a) On April 12,
197+
on the
4:
00 P,M, shift, Foreman Prugger, on at
least
5
different occasions, performed machinists work in violation
of Rule 31(a). The work performed by the Foreman was unlocking the
Tool Room and handing out tools. This work is regularly performed
by Machinist A. Biggs.
(b) That accordingly, the St. Louis-San Francisco Railway Company be
ordered to compensate Machinist Jim Murphy for
8
hours pay at penalty
rate. .
Findings:
The Second 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,,
193+.
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 of the instant case is such as to require the dismissal of the
entire dispute without passing on its merits. In the Employes' Ex Pan e
Submission to this Board, the "DISPUTE AND CLAIM OF EMPLOYES" states:
"(b) That accordingly, the St. Louis-San Francisco Railway Company
be ordered to compensate Machinist Jim Murphy for
8
hours pay at
penalty rate."
The Petitioner thereby identifies the Claimant before this Board as Jim
Murphy. The claim progressed to the highest officer of the Carrier was on
behalf of Machinist Biggs. Section
3,
First (i) of the Railway Labor Act
contemplates that the claim denied by the Chief Operating Officer on the property
be the claim that may be referred to the Board.
We thus are compelled to dismiss this claim.
Foam 1
Page 2
Claim. dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
A W A R D
Award No. 7097
Docket No.
6944
2-SLSF-MA-'76
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
osemaxie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of July, 1976.