NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19536
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail
road Signalmen on the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company for eight (8) hours penalty time per day per five-day
week, beginning February 2, 1970 and continuing until such time as Carrier
complies with provisions of Rule 65 of the Signalmen's Agreement and properly
bulletins Second Shift Maintainer position at Retarder Classification Yards,
Bensenville, I11., account Carrier improperly filling this position by appoint
ment and in violation of Rules 65 and 66(a). /Carrier's File: Case No. F-1069/
OPINION OF BOARD: A Second Shift Maintainer position was created and bulle
tined for bid in the Southern District on May 17, 1968.
Wednesday and Thursday were designated as rest days. No one bid for the posi
tion. Thereafter, the same position was bulletined in the Northern Seniority
District and, again, no one bid.
Almost one year later (May 14, 1969) the same position was bulletined
for bid in the Southern District, however, the rest days were changed to Saturday and Sunday. On May
bulletined in the Northern Seniority District in 1969.
On February 2, 1970, the Carrier appointed an individual who had been
hired and trained for the job.
The Organization claims an Agreement violation, stating that the
position should have again been bulletined for bid prior to the 1970
appointment and that the Carrier was required to bulletin the position in
the Northern Seniority District in 1969 after the rest days were changed.
The Carrier argues that the Organization has failed to comply with
Article V, Section 1(a) of the August, 1954 Agreement because the claim fails
to identify the Claimants. If this position is well taken, the Board must
deny the claim without a consideration of the merits. See Award 11372 (Dorsey).
The Board is fully cognizant of its responsibility to rule on the
merits of each individual case whenever possible, and we are always reluctant
to reach a decision on the basis of a procedural defect. However, in this
case, the Board suffers from the same inability to identify the appropriate
Claimant as described by Carrier and feels that the dispute must be disposed of on procedural ground
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Docket Number SG-19536
The Board has thoroughly reviewed precedent Awards cited by the
parties, and notes that it is not necessary to specifically name the employee in the claim, if he is
by the Carrier without further evidence or if his identity is ascertainable
without undue difficulty. See Awards 9205 (Stone), 9248 (Schedler), 9333
(Weston), and 10576 (LaBelle). See also Awards 10052 (Dugan), 10238 (Gray),
10426 (Rock), 10871 (Hall), 19113 (Dorsey), 18640 (Rimer), and 17195 (Meyers).
On the other hand, the Organization may not place a burden of guesswork on the Board, so as to requi
Award 17740 (McCandless)). The identity of the Claimant must be described
with particularity so as to make identity known under the prevailing circumstances. Award 11372 (Dor
In its Submission, the Organization concedes that the General Chairman could not know who to designa
failed to bulletin the position properly and, thus, eligible employees were
denied an opportunity to bid. Moreover, during the handling on the property,
the Organization conceded that it did not know of anyone interested in bidding
on the second trick maintainer position in question.
We are unable to find from the claim, or related documents, the
identity of any individual (with a sufficient degree of certainty) so as to
sustain the claim. This is not to say that the Board would condone a Carrier action which placed the
regard, however the record here does not suggest any such result. The Organization was aware in May
no qualified bidders." The record fails to demnstrate that, at that point
in time, the Organization raised any issue concerning a bulletin distribution
in the Northern District. Moreover, it would appear incumbent upon the Organization to produce some
desired the position in early 1970. We may not assume that some unidentified employee may have desir
have required a specific affirmative action on the employee's part. Absent
any indication of record that anyone desired the position, we find that the
claim is lacking in specifics necessary to identify Claimants. Accordingly,
it does not comply with Article V, Section 1(a) of the August, 1954 Agreement and must be dismiss
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;
That this Division of the Adjustment Board has jurisdiction over
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Docket Number SG-19536
the dispute involved herein; and
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 dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1973.