Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7772
SECOND DIVISION Docket No. 751-T
2-ICG-SM-'
78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
(
( Illinois Central Gulf. Railroad Company
Dispute: Claim of Employer:
1. Under the teams of the Controlling Agreement, the Carrier,
Illinois Central Gulf Railroad, arbitrarily violated the
Sheet Metal Workers' Classification of Work Rules, when other
than Sheet Metal Workers were assigned to perform Hatch Modifica
tions to the locomotive carbody roof, which is 10 gaage and
lighter metal. It is not authorized under the Current Agreement,
and, that, accordingly, the Carrier be ordered to assign Sheet
Metal Workers to perform the aforesaid work.
2. That, accordingly, the Carrier be ordered to:
(a) Cease and desist from using ether than sheet metal workers
to perform the aforesaid work.
(b) Additionally, compensate Sheet Metal Workers, R. J. Reed,
and H. D Davidson, fox a continuing time claim, totaling 2_56
hours at the rate of time and one-half for continuing violations.
Findings:
The Second Division of the Adjustment Board, upon the whole record arid
all the evidence, finds that:
The carrier or carriers and the employe or employer 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 disp.z-t;e
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
At the outset, the Carrier has objected to the claim ,presented on
.procedural grounds. The Carrier alleges that the claim. is improperly before
the Board in that it varies substantially from the claim as progressed on
the property.
1
Form 1 Award No, 7772
Page 2 Docket PTO. 7514-T
2-ICG-SM-' 78
To say the least, the handling of this claim on the property is rather
confusing. On July 20, 1975 a claim was filed by the Organization on behalf
of the claimant herein. That claim was for
8
hours and was stated to be a
continuing claim. The July 20 claim was denied on August 22, 1975. The
activity complained of in the July 20 claim took .place on May 27 and 28, 1975.
On August 9, 1975 the Local Chairman notified the Carrier of continuing
claims for the same type of activity complained of in the July 20, 1975 letter
totaling 256 hours. The July 20 claim was referred to in the August 9 letter.
The August
9
letter included a listing of the alleged violations, setting
forth the dates and the hours claimed on that date. The dates involved were
June 1, 16, 18, 19, 24, 25, 30 and July 1, 2, 7, 11, 14, 18, 21, 30 and August
l., 1975. The hours listed totaled 256.
It is obvious that the activity that occurred on May 27 and 28, which
gave rise to the initial claim for the Claimants named herein, is not included
in the 256 hours claimed fox the unnamed claimants on August 9, 1975.
The Carrier's .procedural objection has merit. There was a claim progressed
on the property for the named claimants herein for an alleged contract
violation which took place on May 27 and 28, 1975. A further claim for 255
hours for alleged contract violations which took place in June, July and
August of 1975 was also filed. The subsequent claim for 256 hours appears to
have been merged with the claim filed for the claimants herein on appeal to
this Board. The claim as ,presented herein was not properly progressed and is
therefor not the proper subject of a hearing by this Board.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
-~"
.~.~ ``
emarie Brasch - Administrative Assistant
Date~o Chicago, Illinois, this 20th day of December, 1978.
I