NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement when, during July, August and continuing through September 11, 1959, it assigned work of operating weed mowers to employes who hold no seniority rights as Weed Mower Operators.
(2) Each employe holding seniority as a Weed Mower Operator on the territory where the work was performed be allowed pay at his respective straight time rate for an equal proportionate share of the total man-hours consumed in the performance of the Weed Mower Operator's work referred to in Part (1) of this claim, retroactive to sixty days from September 14, 1959.
EMPLOYES' STATEMENT OF FACTS: Beginning in July of 1959 and continuing through September 11, 1959, the Carrier assigned the work of operating Weed Mowers on the territory under the jurisdiction of Division Engineer E. P. Kennedy to employes who hold no seniority as Weed Mower Operators.
The employes holding seniority as Weed Mower Operators on that territory were available and could have expeditiously performed the Weed Mower Operator's work assigned to the other employes.
The Agreement violation was protested and the instant claim presented in behalf of the claimants. The claim was deelined as well as all subsequent appeals.
The Agreement in effect between the two parties to this dispute dated September 1, 1949, together with supplements, amendments, and interpretations thereto is by reference made a part off this Statement of Facts.
CARRIER'S STATEMENT OF FACTS: Under date of September 14, 1959, General Chairman E. Jones, of the Brotherhood of Maintenance of Way Employes, wrote Division Engineer E, P. Kennedy, alleging that on certain unspecified dates, unspecified employes of the Carrier other than Machine
Operators had performed an unspecified amount of work of cutting grass and weeds at unspecified locations on Carrier's right-of-way, and demanded that an unspecified number of unidentified Machine Operators be allowed an unspecified number of days pay at their respective straight time rates by reason thereof.
General Chairman Jones' letter of September 14, 1959 to Mr. Kennedy has been reproduced by the photocopy process, and an exact facsimile copy of that letter is attached hereto as Carrier's Exhibit "A", Sheets 1 and 2.
No valid claim having been presented in General Chairman Jones' letter of September 14, 1959, the Carrier, at every stage of the handling on the property, took the position that the said letter did not constitute the presentation of a valid claim under the provisions of Article V, Carriers' Proposal No. 7 of the August 21, 1954 Agreement. The Organization differed with the Carrier in this respect, of course, and there is now before your Division, in addition to the purported claim contained in General Chairman Jones' letter, the question of whether a labor organization is permitted, under the August 21, 1954 Agreement, to embark upon fishing expeditions of this kind, or whether they, also, are required to comply with the provisions of the August 21, 1954 Agreement with respect to presenting and handling claims.
Actual photocopy reproductions of all correspondence exchanged by the parties in the handling of this purported claim on the property are attached hereto as Carrier's Exhibit "A".
The controlling Agreement, No. DP-173, effective September 1, 1949, and the National Agreement of August 21, 1954 are on file with the Third Division, National Railroad Adjustment Board.
OPINION OF BOARD: Similar claims on identical facts and involving the same Carrier, Organization and Agreement have been before this Board on two previous occasions.