Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13399
Docket No. 13322-1
99-2-98-2-6
The Second Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Gregory J. Fischbach
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
"CP(SooLine) Railroad is in violation of Rule 2, Paragraph D and
Appendix N of the Work Rule Agreement of August 1, 1988.
I want jobs rebulletined as before this dispute with wrecker positions with
Saturday & Sunday rest days and time and one-half for all Saturdays
worked and 8 hours straight time for all Mondays not worked from the
first of the work rule violation since February 12, 1996."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
In reviewing the on-property handling of this dispute, the Board finds that the
Claimant did not handle the claim in the usual manner, and further, advanced it to this
Board without a conference between Claimant and the highest officer of the Carrier
designated to handle such matters.
Form 1 Award No. 13399
Page 2 Docket No. 13322-1
99-2-98-2-6
In Third Division Award 31391, the Board held:
"Section 2, Second,
of
the Railway Labor Act, as amended,
expressly requires that all disputes must be considered `in conference'
before they may properly be submitted to this Board. This issue has been
addressed by a legion
of
Awards
of
this Board as well as by decisions
of
the
U.S. Supreme Court. Representative
of
these decisions is Third Division
Award 14873, which correctly held that:
`No matter how futile a conference may be, a conference
must be held on the property prior to submission
of
a claim
to this Board. Otherwise, this Board has no right to consider
the claim in question.'
Therefore, the Board has no choice but to dismiss the claim for the
reason that the dispute was not handled in accordance with the provisions
of
the Railway Labor Act and
of
Circular No. 1
of
this Board."
What has been quoted above is adopted by this Board in this matter.
AWARD
Claim dismissed.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Second Division
Dated at Chicago, Illinois, this 12th day
of
April 1999.