Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8667
SECOND DIVISION Docket No. 8315
2-SLSF-SM-'81
The Second Division consisted of the regular members and in
addition Referee Higdon C. Roberts, Jr.
when award
was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( St. Louis-San Francisco Railway Company
Dispute: Claim of Employes:
1. That the St. Louis-San Francisco Railway Company violated the controlling
Agreement, particularly Rule 138, when on April 3rd through 13th, 1978,
other than Water Service mechanics were assigned the duties of installing
locomotive wash rack at Diesel Shops, Springfield, Missouri.
2. That accordingly the St. Louis-San Francisco Railway Company be ordered
to compensate Water Service Mechanics M. E. Williams, V. 0. Williams, E. E.
Watts, R. M. Willis, L. F. White, J. A. Hoffman, C. L. Latimer, M. L.
Richardson and F. D. Davis two hundred forty (240) hours at the pro
rata rate of pay and sixteen (16) hours at the punitive rate of pay for
such violation.
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.
This is a time claim for nine members of,a water service gang for work lost
to another craft in repairs to the locomotive wash rack at the Springfield Diesel
Shop, Springfield, Missouri.
The carrier states the claim is improperly before the Board, having been filed
initially with the wrong carrier officer, and through subsequent appeals. This is
a consistent carrier denial throughout the procedure, beginning with R. H. Stracke's
letter of June 23, 1978.
Carrier refers to the Agreement (revised April 1, 1971), Rule
34
(A) note at
the bottom of page
41,
which reads i* pertinent part
"The officer first named below has been designated by the
carrier as the officer authorized to receive written claims
and grievances...
Water Service Mechanics and Helpers:
Division Engineer, Director of Labor Relations"
F orm 1
Page 2
Award No.
8667
Docket No.
8315
2-SLSF-SM-'81
In a letter subsequent to flee agreement from F. K. Duren to General Chairman
Moorehead, dated May 4,
1974,
Mr. Duren alters the agreement to read in pertinent
part
"Effective immediately, the following changes are hereby
made in the officers of the carrier authorized to receive
written time claims and grievances...
Water Service Helpers:
(1) Division Engineer
(2) Assistant Chief Engineer
(3)
Director of Labor Relations"
The organization contends that, since the water Service Mechanics and Helpers
are employees of the Diesel Shop, the claim has been properly handled through the
officers designated for these employees. Efever, the carrier states the claimants
are under the jurisdiction of the Water Service Department, a subdepartment of the
Maintenance of Way Department.
Although the alleged violation took place in the Diesel Shop, the claimants
are Water Service Mechanics and Helpers. The procedure under the Agreement would
require the claim to be presented to the carrier officer authorized to receive
claims and grievances of this craft.
This Board is always reluctant to decide claims on mere technicalities;
however, in the present case, we have no choice but to apply the agreement as
written. The organization's use of the improper procedure under Rule
34
(A)
forfeits the right to have this Board decide the claim, and we must dismiss it.
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
.marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 11th day of March,
1981.