THIRD DIVISION
(Supplemental)
EMPLOYES' STATEMENT OF FACTS: Claimant R. M. Babb had been regularly assigned tc a Signal Maintainer position with headquarters at 61st Street, Chicago. Tliat position has been established under a Memorandum of Agreement signad September 9, 1954, to provide a combination of vacation and other relief of signal maintainers between 25th Street, Chicago, and Midlothian. Under that Memorandum, employes assigned to the relief position could be used to Perform other work on other days when not performing relief work. While the Memorandum refers to the positions as Signal Maintainer positions, they are often referred to as relief positions.
On May 30, 1963, Carrier blanked a regular maintenance position at Root Street, Chicago, and Mr. Babb claimed eight hours' punitive pay on the basis he should have been used to relieve the Root Street job on that day. On May 31, 1963, the Root Street job was again blanked, and Mr. Babb was required to work on Signal Gang No. 3, so he claimed eight hours' straight time pay for May 31st, account not being permitted to perform relief work on a vacancy on the territory on which his relief position was scheduled to provide such relief.
The pertinent correspondence that constitutes the handling of this dispute on the property is attached hereto as Brotherhood's Exhibit Nos. 1 through 9. As indicated thereby, this dispute was handled up to and including the highest officer of the Carrier designated to handle such disputes, without receiving a satisfactory settlement. After the Superintendent denied the claim without giving any reasons (see Brotherhood's Exhibit No. 5), the General Chairman no longer argued the merits of the original claim; he argued the claim was allowable "as presented", because of the Superintendent's failure and/or refusal to give written reasons for his denial, as required by Article V of the August 21, :L954 Agreement.
There is an agreement in effect between the parties to this dispute, bearing an effective date of July 1, 1952, as amended, which is by reference made a part of the record in this dispute. This includes the August 21, 1954 Agreement.
1. There is an Agreement in effect between the Chicago, Rock Island and Pacific Railroad Company and its employes represented by the Brotherhood of Railroad Signalmen beaxing an effective date of July 1, 1952, on file with your Board which by this reference is made a part of this submission.
2. On September 9, 1:54, Carrier signed a Memorandum of Agreement with the Brotherhood of Railroad Signalmen to provide a combination of vacation and other relief of signal maintainers on Carrier's Chicago Terminal District. (See Carrier's Exhibit A.)
3. On May 30 and 31, 1963, Carrier blanked the 45th Street CTC Relief Maintainer's position while the incumbent of that position was on vacation. The job was filled on the other days of the incumbent's vacation period. The 45th Street CTC Relief S Ignal Maintainer was assigned to work at 45th Street on certain days and Root Street on Thursdays and Fridays. (May 30 and May 31, 1963 were on Thursday and Friday.)
4. The Employes filed claim account claimant, R. M. Babb, was not used to fill the blanked signal maintainer's position and Carrier has denied their claim through its highest officer designated to hear such disputes.
OPINION OF BOARD: The above claim progressed to the Superintendent of the Carrier who responded to it in his letter to the General Chairman dated September 9, 1963, by stating: "Claims as submitted are further declined."
The question before u;a is whether the quoted language fulfills the requirement of Article V, Section 1(a) of the Agreement dated August 21, 1954 that the Carrier notify whoever files the claim in writing of the reasons for its disallowance.