Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12205
SECOND DIVISION Docket No. 11940-I
91-2-90-2-53
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Thomas B. Ellis
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
That under the terms of the Current Agreement, dated March 1, 1975,
the Southern Railway improperly assigned me as a Junior Student Carman instead
of a Student Carman, as I was hired prior to December 1, 1987 when the Junior
Student Carman Agreement went into effect. I was hired as a Freight Car
Repairman on April 1, 1979. However, due to no Carman School available, I was
never given a chance to go to school. Other carmen who were hired at the same
time went to school and have completed their required days and are Carmen
today.
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 were given due notice of hearing thereon.
Petitioner alleges that Carrier improperly assigned him as a Junior
Student Carman rather than a Student Carman. A Claim advancing this contention was initiated on his behalf by his Organization. After appeal to and
conference with Carrier's highest designated officer authorized to handle such
matters under the Railway Labor Act the Claim was settled. Petitioner, being
dissatisfied with the settlement, seeks to reopen the matter with appeal to
this Board. Carrier asks that the Board dismiss or deny Petitioner's appeal
on three basis; i) the matter was settled on the property, ii) Carrier's
actions with regard to Petitioner were in accord with Sections 2 and 4 of the
April 6, 1988 Memorandum of Agreement and iii) Petitioner has not met his
burden of proving that the Agreement was violated.
Form 1 Award No. 12205
Page 2 Docket No. 11940-I
91-2-90-2-53
The record supports the conclusion that all threc --its advanced by
Carrier are sound. This Board has long been committed to the proposition that
a fundamental principle of labor relations requires that settlements of claims
by authorized Representatives of the parties are final and binding and ought
not be upset or overruled because there may exist dissatisfaction with the
settlement. Exceptions to this principle would be detrimental to the very
structure of collective bargaining and grievances handling under the Railway
Labor Act. See Second Division Awards 186, 3816, and Third Division Awards
20132, 20180, 21011, and 28400.
Notwithstanding that Petitioner's Claim will be dismissed because it
was settled on the property, were we able to get to the merits we would be
forced to conclude that a misapplication of the complained of provisions of
the Agreement has not been established.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 18th day of December 1991.