SOUTHERN PACIFIC COMPANY
(Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5881) that:
EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement bearing effective date October 1, 1940, reprinted May 2, 1955, including subsequent revisions, (hereinafter referred to as the Agreement) between the Southern Pacific Company (Pacific Lines) (hereinafter referred to as the Carrier) and its employes represented by the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes (hereinafter referred to as the Employes) which Agreement is on file with this Board and by reference thereto is hereby made a part of this dispute.
At the time Gabriel Avila (hereinafter referred to as the Claimant) learned that a regular employe had been required to vacate his regular assignment of Lift Truck Operator on July 20, 1961, to perform service on vacancy of Crane Helper existing that date, he submitted time card claim for having been deprived of eight hours' compensation which would otherwise have accrued to him as an available, qualified unassigned employe.
By letter of August 30, 1961, addressed to Mr. Avila, General Storekeeper D. A. Mount denied the claim by stating:
By letter dated August 30, 1961 (Carrier's Exhibit A), Carrier's General Storekeeper at Sacramento denied the claim.
By letter dated October 27, 1961 (Carrier's Exhibit B), Petitioner's Division Chairman submitted the claim on behalf of Claimant to Carrier's General Storekeeper and by letter dated December 5, 1961 (Carrier's Exhibit C), Carrier's General Storekeeper denied the claim.
By letter dated January 8, 1961 (actually meant 1962) (Carrier's Exhibit D), the Division Chairman advised Carrier's General Storekeeper that the claim would be appealed.
By letter dated January 25, 1962 (Carrier's Exhibit E), Petitioner's General Chairman appealed the claim to Carrier's Manager of Stores, and by letter dated March 20, 1962 (Carriers Exhibit F), the latter denied the claim.
By letter dated May 17, 1962 (Carrier's Exhibit G), Petitioner's General Chairman appealed the claim to Carrier's Assistant Manager of Personnel, and by letter dated November 11, 1963 (Carrier's Exhibit H), the latter denied the claim.
OPINION OF BOARD: Awards 14118, 14772, 14081, 13741, 13982, 13707, 13283, 13207, and 12352 are applicable to this Claim. We believe these Awards are correct, and, consequently, dismissal action is necessitated.
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
In failing to particularize the Rule or Rules allegedly violated by the Carrier in the handling of this dispute on the property, Petitioner failed to perfect its Claim and we are not empowered to adjudicate its merits.