NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Chicago, Milwaukee, St. Paul and Pacific Railroad Company that:
EMPLOYES' STATEMENT OF FACTS: This dispute involves Lines East crew men whose positions were abolished and who lost a day's pay July 17, 1967 because of a strike by other railroad employees.
Claimants named herein submitted a claim for eight hours' straight time pay for July 17, 1967, on the basis they were not notified sixteen (16) hours in advance of their jobs being abolished because of the strike. These claims were submitted individually on Carrier's Form PR-1 (GENERAL TIME AND DISTRIBUTION RECORD).
In a letter dated November 15, 1967 (Brotherhood's Exhibit No. 1), the General Chairman wrote to Mr. S. W. Amour, Vice President-Labor Relations, asserting Carrier violated the August 21, 1954 National Agreement, and the February 7, 1965 Mediation Agreement, when it failed to give climants sixteen hours' notice of job abolishments, further violated these
agreements as the work normally performed by those employees could have been performed, and further violated the August 21, 1954 Agreement when it failed to comply with the "sixty day time limit on claims."
Further exchange of correspondence between the General Chairman and Mr. Amour is attached hereto as Brotherhood's Exhibits Nos. 2 through 6.
There is an agreement in effect between the parties to this dispute, bearing an effective date of September 1, 1949, as amended, which is by reference thereto made a part of the record in this dispute. Amendments to that Agreement include the August 21, 1954 and June 5, 1962 National Agreements, and the February 7, 1965 Mediation Agreement.
CARRIER'S STATEMENT OF FACTS: For reasons that will be fully explained in the CARRIER'S POSITION, the instant dispute has not been handled on the property in accordance with the provisions of Article V of the Agreement of August 21, 1954, Section 3, First (i) of the Railway Labor Act and/or Circular No. 1 of the Board, therefore, the instant claim is barred.
For reasons that will also be fully explained in the CARRIER'S POSITION, it is respectfully submitted that this Division is without authority or jurisdiction to proceed in the disposition of this dispute.
Effective 12:01 A.M. on July 17, 1967 the Shop Craft Organizations effected a work stoppage on this System, complete with pickets, road blocks, etc.
The Carrier, pursuant to the provisions of Article VI of the Agreement of August 21, 1954 (copy of which is attached hereto as Carrier's Exhibit "A"), abolished all positions, the work of which no longer existed or could not be performed because of the work stoppage, by affording each employee affected sixteen hours' advance notice of the abolishment.
OPINION OF BOARD: Upon consideration of the testimony presented, exhibits introduced, Award No. 199 of the Special Board of Adjustment No. 605 and the August 21, 1954 Agreement and the Mediation Agreement dated February 7, 1965 it is determined that the claim was never filed with the proper officers and there is no admissible evidence tending to prove that it was ever submitted to any Carrier officer within sixty days. This being true, the claim is barred.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: