NATIONAL RAILROAD ADJUSTLIENT BOARD
THIRD DIVISION Docket Number CL-19842
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St, Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Conmittee of tl,c Brotherhood (GL-7114)
that:
1) Carrier violated, and continues to violate, the Clerks' Rules
Agreement when it arbitrarily transferred work and escahlished a position to
absorb a portion thereof across seniority district lines.
2) Carrier shall now be required to compensatO ~:ach of the following
employes for two (2) hours per day at the uvt.rcime rate of 'time pevisor for each
regularly assigned work day of their positions from Nnvcmher 1, 197!? until the
violation is corrected:
Bruce A. Hamblin
1!ermund Larsen
Denise Gransbery
Betty Burch
OPINION OF BOARD: As in Award No. 19857, the Organization protests the trans
fer of work from one suniority district to another. Many of
the same issues are raised, including Carrier's assertion that this is not the
proper forum to pass upon Carrier's actions.
' In any event, this Board concludes that the claim herein is disposed of
in the same manner as the claim in Award No. 19857. Simply stated, the employees
failed, on the property, to cite any, specific rule of the Agreement as having been
violated. This issue was considered. and decided by this Releree in Award No.
19835, and the Awards cited therein, and affirmed in Award No. 19857.
Contrary to the record in Award No. 19857, the ~trhanization, in this
case, did assert specific rule violations in its Submis inn
Io
this Board, bur,
as stated in Award No. 19857,
3
specific cirnt.ion at _ h;tt I Ae stage does not
cure the earlier procedural defect. See .Awaits 18954 :!'ogan), 13741 (Dorsey)
and 15835 (Ives).
For the reasons stated in Award No. 19857, the claim, heroin, is
dismissed.
As stated in Award No. 19857, inasmuch as this claim is disposed of
on procedural grounds, no determination is made concerniog other issues raised
by the parties.
Award Number 19858 Page Z
Docket Numher CL-19842
PINDIPMS: The Third Diviraon of the Adjustment l:n.;rd, upon the whole record
and all the evidcnce, finds and holds:
That the parties c:aived oral hearing;
That the Carrier and the Employer involved in this dispute are
respectively Carrier and 15npioyes within the meaning of the Railway Labor Act,
as approved June 21, 1934:
That this Divi;;i~;i of !:lie Adju:ament Board leas jurisdiction over the
dispute involved herein; and
That the claim be dismissed for reasons set forth in the Opinion.
A W A R D
Claim is dismissed.
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By Order of Third
Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 13th day of July 1973.