NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19974
C. Robert Roadley, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Western Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7150)
that:
1. Carrier violated the Agreement when it required Miss J. D. Everson
and Mr. J. S. Dennis to break-in on positions without compensation after having
accepted their displacements to said positions. _
2. Miss J. D. Everson shall be allowed eight hours pay for each date
of March 23 and 24, 1971 at Steno-Clerk rate and Mr. J. S. Dennis be allowed
eight hours pay for each date February 18, 19, 20 and 22, 1971, at the rate
of Yard Checker, South Sacramento.
OPINION OF BOARD: The claim herein involved covers two claimants, one a
Steno-Clerk and the other a Yard Clerk. However, the
factual situation in both instances are identical so that the two disputes
were combined and handled as such by the parties. :ach employee exercised
their displacement rights by declaring their intention to displace a junior
employee on each of the positions referred to above. In neither instance
were the claimants qualified to displace on the position of choice and they
were each therefore notified by Carrier that it would be necessary for them
to qualify themselves before their displacements could be accepted. The subject claim is for compens
Prior to considering the merits of the combined claim it is necessary
that we make a determination as to Carrier allegation that the claim is procedurally defective becau
A review of the record of the handling on the property shows that
the claim was progressed on the grounds that past practice on this property
was of sufficient degree to warrant payment to claimants while breaking-in.
Additionally, in his letter of appeal to the Carrier's highest officer designated to receive such ap
that the Carrier will reconsider this claim in the light of fairness and
equity
"
The General Chairman also stated in his submission to this Board,
" ....it is true that there is no rule which requires the Carrier to compen-
sate an employee for breaking-in,
"
Award Number 19973 Page 2
Docket Number CL-19974
It is noted, however, that part 1 of the claim as submitted to
this Division states as follows:
"Carrier violated the Agreement when it required Miss J. D.
Everson and Mr. J. S. Dennis to break-in on positions without compensation after having accepted the
to said positions."
In its rebuttal to Petitioner's Ex Parte submission the Carrier
stated:
"For the first time in the handling of the instant dispute,
the Organization has contended Carrier violated the Agreement.
Even at this point in the handling of the instant dispute,
Carrier is uninformed as to the Agreement rule allegedly violated.
Secondly, for the first time in the handling of the instant
dispute, the Organization is contending that Carrier failed to
compensate Claimants after having accepted their displacements
to said positions. At no time in the handling of the instant
dispute on the property did the Organization ever take the
position or contend that Carrier accepted Claimants' displacements prior to being qualified for the
choice."
Neither of the foregoing Carrier statements were challenged by Petitioner,
no Organization rebuttal having been submitted.
After a thorough review of the record, it is readily apparent that
the claim as submitted to the Board substantially differs from the claim as
handled on the property; the difference is not a minimal deviation. Therefore, we will sustain the o
and dismiss the claim.
See Awards 19218, 19330, 19425 and many others on this rationale.
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 Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
Award Number 19973 Page 3
Docket Number CL-19974
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the claim be dismissed for reason stated in the Opinion.
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 28th day of September 1973,