NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19822
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 Committee of the Brotherhood (GL-7115)
that:
1) Carrier violated,-and continues to violate, the Clerks' Rules
Agreement when it arbitrarily transferred work across seniority district lines.
2) Carrier shall now be required to compensate employe D. P. DeWalt,
and all other employes directly or indirectly affected by the transfer of work
from Seniority District No. 155 at Aberdeen, S.D. to Seniority District No. 150
at Minneapolis, Minnesota for eight (8) hours per day for each regularly assigned
work day starting January 18, 1971 and all subsequent days until the violation
is corrected; compensation and involved employes to be determined by joint check
of Carrier's records.
MINION OF BOARD: In addition to certain jurisdictional arguments, Carrier
urges that the claim must fail because the employees did
not cite any specific rule violation.
During the handling of the matter cn the property the employees
alleged a violation of "seniority and related rules." Although Carrier advised
the Organization that it had not cited any rule or agreement, the Organization
failed to further identify the "violation."
The same basic issue, concerning the same parties, was recently decided by this Referee. A failure t
matter is handled nn the property is fatal to the employees' case, and citation
of a specific rule in the Submission to this Board does not cure the earlier
procedural defect. Set award 19857, and the Awards cited therein.
Inasmuch as this claim is disposed of on procedural grounds, no
determination is made concerning other issues raised h·· the parties.
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,
approved June 21, 1934;
Award Number 20043 Page 2
Docket Number CL-19822
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the claim is dismissed for reasons stated 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 20th day of November 1973.
Aff