Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12313
SECOND DIVISION Docket No. 12337
92-2-91-2-127
The Second Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(The Louisville & Nashville Railroad Company)
STATEMENT OF CLAIM:
1. That the Louisville & Nashville Railroad Company, hereinafter
referred to as the Carrier, violated the provisions of the Agreement, particularly, but not limited to, Rules 30(a), 104, 26 and 29, when on various
dates commencing on February 3, 1990 and continuing through March 26, 1990,
they instructed and/or allowed other than carmen assigned to the Etowah,
Tennessee seniority roster to perform carmen's work in the Etowah, Tennessee
shop as outlined hereinbelow.
2. And accordingly, the Carrier should be ordered to compensate
Etowah, Tennessee Carmen T. E. King, P. Williams, P. L. Yates, J. Scruggs and
R. A. Cox, hereinafter referred to as the Claimants, 214.5 hours at the pro
rata rate, to be divided among them, as a result of said violation.
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.
On April 18, 1990, the Organization filed a claim with the Mechanical
Superintendent at Corbin, Kentucky, on grounds that other than Carmen holding
seniority at Etowah, Tennessee, were sent to do work at that point. Allegation was that Carmen from Chattanooga, Tennessee, were sent there to do repair
and other work on various dates. The claim also alleged that employees from
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outside companies also did work at Etowah which belonged to the Claimants
named in this case. The claim requested total relief of 214.5 hours at pro
rata rate to be paid and "divided equally among the" five Claimants. The
claim was denied by the Mechanical Superintendent at Corbin on grounds that it
was procedurally defective. According to the denial letter dated April 27,
1990, the Superintendent stated that his office did "not have jurisdiction
over Etowah, Tennessee:" Response by the Local Chairman to the Superintendent
was that he could not accept this denial "as final decision" and that he was
going to process the claim "to the next step."
On June 1, 1990, the Organization appealed the claim. In that
letter the Organization advised the Carrier that when the facility at Etowah
was closed some of the Carmen working there had been transferred to Corbin,
Kentucky, by Agreement and at the same time the Organization had closed its
Local Lodge 6270 and membership from the latter was transferred to Local
6104 in Corbin. At that time also the General Chairman advised the Carrier's
Labor Relations' Department in Jacksonville that it would be the Local Chairman at Corbin who would be handling "any future disputes arising at Etowah,
Tennessee" and a copy of this letter was furnished to the Mechanical Superintendent at Corbin to whom the original claim had been addressed. After
further handling of the claim on property the Carrier advised the Organization, by letter dated January 31, 1991, that Etowah, Tennessee, was in the
Carrier's "Atlanta Division" and that all claims filed for Etowah should have
been filed with the head of that Division and not with the Superintendent in
Corbin, Kentucky.
The problem in this case lies in the fact that the parties did not
agree on the procedures for handling claims after the facility at Etowah was
closed and that the resultant reorganization by the Union did not coincide
with the manner in which the Carrier delegated jurisdiction to its officers to
handle claims. The Organization states that when it first told the Carrier
that the Etowah claims would be handled by Lodge 6104, the Carrier had not
taken exception to that for "almost three years." Such appears to be true, as
far as the Board can determine from the record. Nevertheless, not taking
exception is not the same as a mutually agreed upon procedure for handling
claims. The fact of the matter is that according to the organization of
authority structures by the Carrier, the Superintendent at Corbin did not have
jurisdiction to handle the claim filed with him by the Local Chairman from
Lodge 6104.
After review of the complete record the Board must conclude that the
claim is procedurally defective. There is considerable support on basis of
arbitral precedent emanating from the Board to warrant conclusion that cases
of this type be dismissed and the Board so rules (See Second Division Awards
2240, 5250, 6555, 11665 and most recently, 12074).
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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 29th day of April 1992.