Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11716
SECOND DIVISION Docket No. 11580-T
89-2-88-2-61
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
1. Claim on behalf of Electrician Randall P. Gould submitted to the
National Railroad Passenger Corporation under date of November 7, 1986 as
follows:
Employee C. McCain was observed inspecting trains
X193, 175, 177, 179, on the following dates: October 28, 29, 30, 31, Nov. 3, 4, 5, 6, of 1986. Inspection of all electrical equipment has always
been done by the Electricians.
Settlement Required: 8 hrs. at time and one-half
for 8 days.
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.
As Third Party in Interest, the United Transportation Union was
advised of the pendency of this dispute, but did not file a Submission with
the Division.
On the dates noted in the Statement of Claim Carrier required a Conductor assigned under an Agreement between Amtrak and the United Transportation Union to set up trains at South Hampton Street Yard, Boston Massachusetts. The tasks involved in setting up these trains were lighting of smoking
and no smoking signs in cars, turning on lights, opening trap doors and compilation of a report on obvious train defects.
Form 1 Award No. 11716
Page 2 Docket No. 11580-T
89-2-88-2-61
The instant Claim was filed on the basis that the inspection of
electrical equipment has always been done by Electricians.
·r"
Before dealing with the merits of this Claim we must first dispose of
a procedural objection raised by Carrier contending that Organization did not
process this Claim in strict accordance with the provisions of Appendix F of
its Agreement. Appendix F provides in pertinent part:
"It is understood that where such specific work assignments result in employee grievances, the parties
will endeavor to resolve the difficulties as promptly as possible by joint check between the Director
of Labor Relations and the General Chairman, as necessary. Failing to resolve the matter, it may be
handled in accordance with the grievance procedure."
It is obvious that the matter under review here involves a disputed "specific
work assignment" which resulted in an employee grievance. Search of the
record fails to indicate that an attempt was made to resolve the difficulty
through a joint check between the Director of Labor Relations and the General
Chairman. Accordingly, the procedural requirements of Appendix F have not
been met.
While we are loathe to dispose of Claims on technical or procedural
grounds Carrier is within its rights in insisting upon compliance with the
procedural niceties the parties have included within their Agreements. (In
this regard see Second Division Award 11665). Accordingly we must dispose of
this matter on procedural grounds without consideration of the merits of the
matter. The Claim will be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J ~er - Executive Secretary
Dated at Chicago, Illinois, this 26th day of April 1989.
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