NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
RANK AND FILE COMMITTEE OF THE CHICAGO WESTERN
DISTRICT, DIVISION 715,
ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN OF
AMERICA, PULLMAN SYSTEMS
THE PULLMAN COMPANY
STATEMENT OF CLAIM:
The Rank and File Committee duly appointed at the April 20 1955 membership meeting of the Chicago Western
District, Division 715, Order of Railway Conductors and Brakemen of America, claims for and in behalf of all Chicago West Pullman Conductors on the
Chicago West Seniority Roster, including extra board and furloughed Conductors that:
1-April 16, 1955, and continuing thereafter The Pullman
Company violated and is in violation of Rules 25 31, 45 and 64 of
the existing agreement between The Pullman Company and the
Order of Railway Conductors and Brakemen of America in that on
the aforesaid date The Pullman Company displaced eleven Chicago
West Conductors regularly assigned to the Olympian-Hiawatha trains
Nos. 15 and 16 with eleven Milwaukee Sleeping Car Conductors
and such displacement continues to exist.
2-As a result of these violations. Chicago West Pullman Conductors Leo D. Buckley, Perry B. Hoban, Jos. J. Kommer, Ervin
H. Kraus, Norval L. Whitehead F. J. Shippey, Jos. J. McCambridge,
Frank C. Berry, Otmer V. Fofger, Wm. L. tnyre and Mathew J.
Wheeler specifically were and are being deprived of their regular
work assignments.
3-These violations by The Pullman Company have further
resulted directly and indirectly in losses of wages to a majority
of Conductors on the Chicago West Seniority Roster, and they are
continuing to suffer losses of wages and will continue to suffer
losses of wages until the order of April 16r 1955, displacing the
eleven Chicago West Conductors regularly assigned to the OlympianHiawatha trains Nos. 15 and 16 with the eleven Milwaukee Sleeping Car Conductors is revoked and said Chicago West Conductors are
returned to their regular runs.
4-The Seniority rights of all Chicago West Conductors have
been abrogated by the Company's action.
5-All Conductors who have suffered a loss in wages as a result
of the Company's violation of Rules 25, 31, 45 and 64, should be
reimbursed by the Company for any and all such losses.
[7927
7416-5
796
POSITION OF THE PULLMAN COMPANY: It is the Company's position that the claim should be denied on the grounds it was not properly
handled on the property in accordance with the provisions of Rule 51. Claims
of the Agreement between The Pullman Company and its conductors, effective
January 1, 1951.
The pertinent paragraph of Rule 51 of the Agreement reads as follows:
"RULE 51. Claim*. * *
Decision by the highest officer designated by the Company to
handle claims shall be final and binding unless within 60 days after
written notice of the decision of said officer, he is notified in writing
that his decision is not accepted. All claims shall be barred unless
within one year from the date of said officer's decision such claim
is disposed of on the property or proceedings for the final disposition of the claim are instituted by the employe or his duly authorized
representative. It is understood, however, that the parties may by
agreement in any particular case extend te one-year period herein
referred to. * * *"
In the instant case, the highest officer of the Company designated to
handle claims, Mr. W. W. Dodds. Appeals Officer, The Pullman Company,
rendered decision denying the claim under date of July 13, 1955. Since
Appeals Officer Dodds was not notified in writing as provided in Rule 51,
quoted above, that his decision was not acceptable, his decision denying the
claim, is final and binding." On this point, see Third Division Awards 7000,
6922, and 6616.
All data presented herewith in support of the Company's position have
heretofore been submitted in substance to the employe or his representative
and made a part of his dispute.
(Exhibits not reproduced.)
OPINION
OF
BOARD: The claim must be denied for two reasons:
(1) It has no merit and fails for want of competent evidence in support thereof;and
(2) It was not handled in accordance with the Agreement and rules
of this Board.
FINDINGS: The
Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934 ;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 20th day of September, 1956.