Award Number 17763 Docket Number DC-18156 NATIONAL RAILROAD ADJUSTMENT BOARD






PARTIES TO DISPUTE:



STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employees Union, Local 351 on the property of the Atchison, Topeka and Santa Fe Railway Company, for and on behalf of the classification of employees designated as "Barmen", that carrier be required to assign these employees to its Dome Cars on Trains 15-16, instead of Lounge Car Attendants, it being the position of the Organization that Barmen should be so assigned because of Agreement and practice.


EMPLOYES' STATEMENT OF FACTS: This dispute arose on the property via the following letter from Organization's General Chairman and Local President:





Protesting Assignment of Lounge Car Attendants to Sky

Level Dome Cars-Train 15-16
















Attached to Mr. Baird's letter of June 21, 1968 was documented evidence in support of statement contained in paragraph two of Mr. Baird's letter found on page 10 hereof and such evidence is attached hereto as Exhibit "F". Also attached hereto as Exhibit "G" is reproduction of Mr. Baird's letter of June 21, 1968, page 12 hereof, which was submitted in proof that the dome lounge cars placed on Train 15-16 were not sky level lounge cars referred to in Memorandum of Agreement No. 18 dated June 21, 1956.


Following receipt of Superintendent Baird's letter of June 21, 1968 wherein he notified the Organization that their protest was completely without support of Agreement rules, the Organization appealed Superintendent Baird's decision to the Carrier's next highest officer of appeal, Vice PresidentGeneral Manager Mr. G. J. Roche. Their letter of July 1, 1968 is attached hereto as Exhibit "H".


Mr. Roche sustained Mr. Baird's decision and conveyed such information to the Petitioning Employees' Mr. W. S. Seltzer on July 17, 1968 (Exhibit "I").


The Petitioning Employees' Mr. W. S. Seltzer notified Mr. Roche on August 5, 1968 of their intention to advance the case to the National Railroad Adjustment Board for adjudication. (Exhibit "J")


Mr. Roche acknowledged Mr. Seltzer's letter of August 5 on August 7, 1968. (Exhibit "K")




OPINION OF BOARD: This claim arises out of the Carrier assigning "lounge car attendants" to positions claimed by the Organization to be "barmen" positions under the Agreement and past practice. The Organization relies upon a memorandum of Agreement as the basis for their position but the Agreement shows on its fact that it is applicable only to certain trains none of which are the subject of this claim.


While the Organization alleges that the Carrier is bound by past practice, there is no evidence in the record to support this allegation.


It is well established that this Board has no authority to make any change by adding to or deleting from the provisions of the rules agreed upon


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 by the parties, and in view of the failure to establish past practice we must therefore deny the claim.

 FINDINGS: The Third Division of the Adjustment Board, 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











Dated at Chicago, Illinois, this 11th day of March 1970.

 Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.

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