Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7225
SECOND DIVISION Docket No. 7071-I
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
( D. T. Kinzer, Blacksmith
( S. P. Youngblood, Blacksmith-Helper
Parties to Dispute:
(
( Western Maryland Railway Company
Dispute: Claim of Employes:
Our principal grievance is that the Company retained a Blacksmith
Welder to do Blacksmith work and work with Boilermakers and vise versa,
and we feel he is not a qualified Blacksmith, he came into the craft as
a welder when the welding craft was discontinued in the late
1940's
and his service was dovetailed to his present position.
We feel we are being unduly denied the rightful opportunity of
earning an honest living as we are both still furloughed from our craft.
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,
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 Agreement in question contains certain rules for the progressing of
claims, prior to submission of a dispute to this Board. There is serious
question as to whether those requirements were complied with in this case.
However, without immediate regard to that question, we are compelled to dismiss
the claim for failure to set forth a basis for granting relief.
We have studied the record, but fail to find that Claimants stated,
in a timely fashion, the rule which was assertedly violated; nor have they
set forth anything of a specific nature which would suggest a definite claim,
or a factual basis for sustaining same.
A W A R D
Claim dismissed.
Form 1 Award No. 7225
Page 2 Docket No. 7071-I
2-wM-I-177
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of February, 1977.