Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10106
SECOND DIVISION Docket No. 9137-T
2-CR-MA-184
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Association
of Machinists and
( Aerospace Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Carrier violated the Controlling Agreements when they used
Carmen to perform Machinists work at the Reading Shops Rip Track.
2. That the Carrier be required to -ompensate Machinists Donald Himmelreich
and Norman Lamm eight (8) hours pay each, at the applicable rate for
January 2, 1979.
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 employes 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 Carmen, a third party at interest, were notified of this dispute and
made a response.
The claim in this matter is deficient
in
that it fails to cite any rule
which is alleged to be violated by the Carrier
in
directing the performance of
certain work at the Reading Shops Rip Track. Without such reference, the Board
has no basis on which to proceed in resolving the matter. Among many awards to
this effect is Third Division Award No. 19970, which states in pertinent part
as follows:
"A thorough review of the record before us shows that, during the
handling of this dispute on the property, the Organization did not
identify which Rules in the Agreement had allegedly been violated but
merely asserted
'...
a violation of 1_'.e provisions of the seniority
and other related rules.' It
_'~ a
long established principle of this
Board that failure to assert the specific Rule, or Rules, allegedly
violated while the matter is being handled on the property is fatal
to the claim when presented to this Board. See Awards 14754, 13282,
13741, 14118, 14772 and many others. We will accordingly dismiss the
claim on the basis of the procedural defect."
Form
11
Award No. 10106
Page 2 Docket No. 9137-T
2-CR-MA-'84
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~GG~
Nancy ,O^ver - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of October 1984.