Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13412
Docket No. 13221
99-2-96-2-131
The Second Division consisted of the regular members and in addition Referee
Margo R. Newman when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE
:
(CSX Transportation, Inc. (former Louisville and
( Nashville Railroad Company)
STATEMENT OF CLAIM
:
"Claim of the Committee of the Union that:
1. That the Louisville and Nashville Railroad Company, (now a part
of CSX Transportation and hereinafter referred to as Carrier)
violated the controlling agreement rights of Pensacola, Florida
carman J.L. Janes, (hereinafter referred to as Claimant) specifically
but not limited to Rules 14, 18, 19, and 29 when Carrier denied
Claimant his contractual rights to work the known vacancy of Lead
Carman I.E. Ellsworth from January 30 through February 10,1995
as requested.
2. That moreover Carrier violated the controlling Agreement rights
under Rule 32 and Appendix °D', of Claimant when Carrier failed
to respond in a timely manner to local chairman's initial claim
dated February 28, 1995 in behalf of Claimant.
3. Carrier should now be ordered to compensate Claimant for eight (8)
hours pay each day at the pro rata Lead Carman rate on February
2, 3, 9 and 10, 1995; and for $.50 an hour for 8 hours each day or a
total of $4.00 each day on January 30, 31 and February 1, 6, 7 and
8, 1995."
Form 1 Award No. 13412
Page 2 Docket No. 13221
99-2-96-2-131
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.
This claim, dated February 28, 1995, was received by the Carrier on March 13,
1995. It seeks compensation for the Claimant for specified dates when junior employees
were permitted to fill a Lead Carman vacancy in Pensacola, Florida. The Organization
argues that the Carrier's denial, which it acknowledged receipt of on May 12,1995, was
untimely as it did not comply with the 60 day time limit set forth in Appendix "D",
Article V (a). The Board rejects the Organization's timeliness argument on the grounds
that actual receipt of the denial did admittedly occur on the 60th day following the
Carrier's receipt of the claim, and the Carrier complied with the requirement of placing
its declination letter in the mail within the noted time limits. See Second Division Award
8268.
With the exception of the dates of the claim and some of the correspondence, the
Board considered the same arguments and contentions with respect to this Claimant,
Agreement language, and circumstances in Second Division Award 13411. We conclude
that the Board lacks jurisdiction to hear the merits of the claim based upon the failure
of the parties to hold the requisite face-to-face conference, and dismiss the claim for the
same reasons and rationale cited therein.
AWARD
Claim dismissed.
Form 1 Award No. 13412
Page 3 Docket No. 13221
99-2-96-2-131
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 16th day of June 1999.