-41011, 365 Award No. 18044
Docket No. SG-18231










STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Union Pacific Railroad Company that:



EMPLOYES' STATEMENT OF FACTS: This dispute arose because Carrier required and/or permitted a signal employe from another railroad to perform signal work on territory on which signal work accrues to signal employes classified, in and covered by the Agreement between this Organization and the Union Pacific Railroad Company.


The work was performed on Saturday, August 12, 1967, in connection with the changing of rail and switch point in the Argo Interlocking Plant, Seattle, Washington. This rail changing had been on the program for months.


Under date of October 4, 1967, the Brotherhood's Local Chairman presented a claim for four hours pay at the Interlocking Repairman overtime rate of pay ($4.90 per hour) for each and every hourly rated employe of record on Seniority Roster No. 7 as of August 12, 1967. That claim was subsequently handled in the usual and proper manner on the property, up to and including the highest officer of the Carrier designated to handle such disputes, without receiving satisfactory settlement. Pertinent exchange of

Copy of Local Chairman Parson's letter of November 7, 1967, appealing the claim to Division Engineer Durrant, attached as Carrier's Exhibit C.


Copy of Division Engineer Durrant's letter of declination to Local Chairman Parsons dated November 17, 1967, attached as Carrier's Exhibit D.


Copy of Local Chairman Parson's letter of December 4, 1967, advising Division Engineer Durrant that his decision. was unacceptable, attached as Carrier's Exhibit E.


Copy of Gonerai Chairman W::Ibrinck's letter of January 2, 1968, appealing the claim to Chief Engineer Brown, attached as Carrier's Exhibit F.


Copy of Chief Engineer Brown's letter of February 27, 1968, declining the claim, attached as Carrier's Exhibit G.


Copy of General Chairman Wollbrinck's letter of July 26, 1968, together with the affidavit to which he refers, attached as Carrier's Exhibit H and H-1, respectively.


Copy of Chief Engineer Brown's letter of August 5, 1968, to General Chairman Wollbrinck, attached as Carrier's Exhibit I.


While the matter was informally discussed in conference with the Organization, at no time did the Organization request a final conference on this subject on the property, nor did they advise the Carrier at any time of their intention to appeal the Carrier's decision to the Board.




OPINION OF BOARD: Organization's claim was originally "on behalf of each and every hourly rated employe of record on seniority roster No. 7, as of August 12, 196 7 , * * *".


The Carrier attacks this claim on the basis that it is indefinite and vague. We agree with this contention.





In discussion of a similar issue concerning the same clause as is found in this agreement, the Board said in Award 15391 (Woody)



For the foregoing reasons we will dismiss the claim.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


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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 17th day of July 1970.

Keenan Printing Co., Chicago, Ill. Printed in U. S. A.

18044