NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19753
Joseph A. Sickles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc, (Formerly Northern Pacific
( Railway Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when Lt called and used Sectionman Langham instead of Tru
work during overtime hours on January 18, L971 (System File MW-6(d) - 8 4/13/71).
(2) Truck Driver J. L. Dempsey now be allowed ten (10) hours' pay at
his time and one-half rate because of the violation referred to within Part (1)
of this claim.
OPINION OF BOARD: Carrier resists the Organization's claim in this case because,
among other things, the Organization failed to cite any spe
cific Rule violation while the claim was being considered en the property of Car
rier.
In the initial claim, the Organization asserted fact allegations and
made a money claim. In reply to that claim, Carrier stated that the schedule
rules did not support the Organization's position.
In its appeal, the Organization stated that its claim was consistent
and sustainable under the terms of the Agreement, but again failed to specify
what, if any, rule was allegedly violated. In reply to that appeal and in subsequunae correspondence
support in the schedule rules or Agreement and that it had failed to cite any
rule to support the claim.
The Board is of the view that the position of the Carrier is well taken
and that the matter is properly disposed of without reaching the merits.
It appears rather obvious that when a Carrier specifically advises the
Organization that it has failed to identify the rule or rules alleged to have been
violated, the Organization is obligated to advise the Carrier of the rule under
which it seeks redress.
Accordingly, we will dismiss the claim for the reason that the Organization, at no time on the p
violated. See Award No. 14754 (House). See also Award No. 13283 (House), Award
No. 13741 (Dorsey), Award No. 14118 (Harr), Award No. 14772 (Dorsey)nnd Award No.
19773 (Ritter).
Award Number 19855 Page 2
Docket Number "1W-19753
Since the Board dismisses the claim for the reasons stated above
without consideration of the merits, the board does not deal with other arguments advanced by the pa
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
all the evidence, finds and holds;
That the parties waived oral hearing;
That the Carrier and the f;mployes 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
That the claim be dismissed.
A W A R D
Claim dismissed,
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 13th day of July 1973,