Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7699
SECOND DIVISION Docket No. 7549-T
2-PFE-CM-'78
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered.
( Railway Employes' Department, A. F. of L. -
C. I. 0. (Carmen)
Parties to Dispute:
(
( Pacific Fruit Express Company
Dispute: Claim of Employes:
1. That the Carrier violated the Controlling Agreement, particularly
Rules 23(a), 42(G) and (o) and Article II Paragraph (b) of the
April 2, 1973 Memorandum Agreement when it assigned a Car Service
Employee instead of a Carman to perform Mechanical Refrigeration
Repair, Inspecting and other Mechanics' work on Carriers cars in
shipping areas around Stockton, Atwater, Patterson, Lodi, Merced,
Tracy, Modesto, Crows Landing, etc, Calif.
2. That accordingly, the Carrier be ordered to compensate Cayman
Doyle V. Johnson at his Pro Rata rate for each and every working
day composed of eight
(8)
hours each, beginning August 17, 1976
and for every working day thereafter on a continuing basis until
this violation of the Agreement ceases. Also that he will be
compensated for all overtime accruing to him account of this
violation of the Agreement.
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 Organization's Local Chairman filed a claim with the District
Agent of Carrier's Car Service Department, protesting the assignment of
certain repair and inspection work to a Car Service Employee, member of
another craft, instead of to a Carman. The District Agent is not a designated
official under the pertinent provisions of the collective bargaining
agreement to handle claims, and he so advised the Local Chairman.
Form 1
Page 2
Award No. 7699
Docket No. 7549-T
2-PFE-CM-'78
Section
3,
First (i) of the Railway Labor Act and Circular No. 1
of the National Railroad Adjustment Board require that disputes be processed
in the manner and according to the steps prescribed in the Agreement between
the parties, before they may be submitted to this Board for resolution.
Given the fact that these requirements were not fulfilled, and the claim
was improperly filed, we have no choice but to dismiss the claim without
consideration of its merits.
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
-~''R
de
marie Bras--h - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of October', 1978.
