Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11395
SECOND DIVISION Docket No. 11022
88-2-85-2-111
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Seaboard System Railroad
( (Louisville and Nashville Railroad Company)
Dispute: Claim of Employes:
1. That the Seaboard System Railroad Company (former Louisville and
Nashville Railroad Company) hereinafter referred to as the carrier, violated
the controlling agreement, when it arbitrarily removed the name of Carman J.K.
Ritchie from the Carman's seniority roster at Gentilly Shops, New Orleans,
Louisiana.
2. And that the Carrier should be ordered to reinstate the name of
Carman Ritchie to said roster with his proper seniority date (October 27,
1971) and that he be designated as disabled.
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.
In considering this case the Board concurs with Carrier's position
that the Claim is defective and consequently not properly before us. We have
carefully analyzed the on situs correspondence relative to Petitioner's concern, but we cannot conclude, that a bona fide Claim was actually filed on
February 7, 1983. Rather we find that this letter was merely a request by the
Local Chairman to have Mr. Ritchie's name placed on the seniority roster and
not an indication or an implied assertion that an Agreement violation occurred.
The subsequent correspondence, particularly Carrier's letter of September 23, 1983, specifying the reason's why Mr. Ritchie's name was removed
Form 1 Award No. 11395
Page 2 Docket No. 11022
88-2-85-2-111
from the seniority roster of Carmen at New Orleans was not a Claim denial and _
June, 1984, letter from the General Chairman was not a normative grievance
dissent from a previous managerial denial.
The correspondence clearly reflected an exchange of information
though divergent in perspective, and not a definable progression of an explicity stated Claim.
As the final grievance appellate body for railroad employe's Claim we
have consistently advised all parties that negotiated grievance procedures
must be literally and scrupulously observed otherwise the contemplated symmetry and orderliness of the grievance process will be vitiated.
Upon the record, we cannot judically conclude that the February 7,
1983, letter was an explicit or implied assertion of an Agreement Rule violation and accordingly, we cannot through a process of interpretative regressive
reconstruction fashion a Claim. For this reason, we must deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
01
Attest:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois this 6th day of January 1988.