Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9090
SECOND DIVISION Docket No. 8867-I
2-C&0-I-'82
The Second Division consisted of the regular members and in
addition Referee Carlton R. Sickles when award was rendered.
( Russell W. Deal
Parties to Dispute:
( Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:
Abolishing Bid in Jobs, and posting overtime. The use of Elect. Helper
to replace crane operators. Using helpers on overtime.
The specific remedy sought is. Payment for claims to Crane Operators for
the dates below
Mr. Kie Lawrence For January 22, 1979 6 hours straight time
m 'e te
tt
ri "'
.Z6 , 1979
6
hours " m _ _ _ _ _
For February 2, 1979
6
hours straight time
__,r,r__
9, 19796hours
it 11 _,t
___
Total 4 days
Mr. Gayheart For January 18, 1979 6 hours straight time
__,~ ~,,~_31, 1979 6hours
T,___ It
__
Total 2 days
Mr. T. J. Black For January 16, 1979
6
hours straight time
~, _ ,~ ,~ _ _ 24, 1979 6 hours
1,
,o _ _ _ _ _
,~___~ _30, 1979 6hours
1,______
For February
6,
1979 6 hours straight time
Total
4
days
Mr. D. L. Bills For January 15, 1979 6 hours straight time
" _ " _ 11 _ 23
, 1979 6 hours ~, _ _ _ _ _ _
____,1 ,1
29, 1979 6 hours
it of
__
For February
5,
1978 6 hours straight time
Total
4
days
Mr. Fraley For January 17, 1979 6 hours straight time
February 7, 1979 6 hours straight time
Total 2 gays
Reclassify the Helpers or Trainee to the classification of crane operator before
putting him on a overhead crane by himself.
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 employs within the meaning of the Railway Labor Act
as approved June 21,
1934.
Form 1 Award No.
9090
Page
2
Docket No.
8867-I
2-C&O-I-'82
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 carrier has raised procedural objections to a claim, including among
them the assertion that no conferees was ever held on the property, in violation
of the Railway Labor Act which provides in Section
2,
Second as follows:
"Second. All disputes between s carrier or carriers and its or their employees
shall be considered, and, if possible, decided with all expedition, in conference
between representatives designated and authorized so to confer, respectfully,
by the carrier or carriers and by the employees thereof interested in the dispute"
Indeed, no conference was ever held on the property. In their letter of
July 27, 1979
the claimants requested the meeting and specified the location
to be the Huntington Locomotive Shop. The carrier representative in his letter
of September
25, 1979,
otherwise denying the claimant's grievances, agreed to
a
meeting in
the Huntington area, but indicated that he had no immediate plans
to be in the Huntington area but on his next trip to Huntington would arrange
to meet with the claimants.
There is nothing in the record to indicate that the claimants disagreed
with this procedure or felt that it was an unnecessary delay. There is no
indication of any request to speed up the process, but rather the claimants
filed a statement of claim with this Division on January
15, 1980
without there
having first been a conference between the parties.
It has been consistently established that in order for this Board to take
jurisdiction over a dispute the same must have been handled in accordance with
the provisions of the working agreement and the Railway labor Act. As indicated
above, the conference between the parties is required by the Railway Labor Act
before this Board will take jurisdiction. See Awards
1+852,
61+2, and
7155.
We have considered the fact that the conference was not held iaanediately
after the request by the claimants and have concluded that wader the facts
herein, given the location requested by the claimants, that it was not
unreasonable to delay the conference until it was convenient to the carrier
as well as the claimants, particularly in light of the fact that this delay was
not objected to by the claimants. For the foregoing reasons, we will dismiss
the claim on the basis of the lack of a conference as required by the law.
Having decided this matter on the stated procedural issue, it is unnecessary
to consider the other procedural issues raised or the substantive matter before
this Board.
A W A R D
Claims dismissed.
Form 1
Page
3
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
y,..-~c.~-~..e_
2~'-~`- t,.~
i
Rod marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of May, 1982.
Award No. 9pgp
Docket No. 8867-I
2-c&o-I- `82
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division