NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20058
Frederick R. Blackwell, 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-7242)
that:
1) Carrier violated and continues to violate the Clerks' Rules Agreement when it arbitrarily tra
2) Carrier shall now be required to compensate employe M. Quitney
for eight (8) hours per day at the rate of Caller-Clerk Position 28080 for May
10, 1971 and for all subsequent days until the violation is corrected; compensation to be determined
OPINION OF BOARD: We have a threshhold question of whether the claim presented
here is procedurally correct, inasmuch as the Carrier con
tends in its Reply Brief that the instant claim represents an entirely new posi
tion as compared to the claim advanced on the property.
The substance of the claim made on the property is found in the following letter written by Clai
of May 10, 1972:
"I am requesting Seniority in District 42 with an implement
agreement between the Milwaukee Railroad and Brotherhood of
Railway, Airline and Steamship Clerks with reference to Rule
12 due to abolishment of position No. 28080 on Seniority District 56 as Caller Clerk at Mason
is reached under Rule 12, I Meridith Quitney hereby file under
provisions of Rule 22-F a fair and impartial hearing because
of unjust treatment clause of work being transferred to Seniority
District 42 and being performed by unprotected Yard Clerk Employees
with less Seniority than my Seniority Date.
"I also file with you eight (8) Hr. a day Time Claims at present
rate of pay on Position No. 28080 from May 10, 1971 and all subsequent days."
In subsequent handling on the property the above letter was forwarded
to a Carrier Officer as an appeal procedure along with the following cover letter
written by the General Chairman:
Award Number 20064 Page 2
Docket Number CL-20058
"Please give consideration to the claim of employe M. Quitney
copy of which is attached and referred to you by the System
Committee of the Brotherhood in her behalf on appeal from the
decision rendered by Assistant Master Mechanic, Mr. R. A.
Hargis."
The foregoing shows that the rules mentioned on the property were
Rules 12 and 22 (f). However, in the claim presented to the Board, Rules 12 and
22 (f) are not mentioned and instead the claim is now predicated on Carrier's
violation of Rules 2(a), (f), 3 (a), 6 (a) and 57. On these facts there can be
no doubt that the claim as presented to the Board is not the same claim that was
handled on the property and, consequently, there is no proper claim before the
Board for its consideration. The employees have the responsibility and burden
to cite the rules and agreement language relied upon during handling on the property. This, of cours
where the rules are not cited, discussed, or in some way stated on the property,
the omitted rules cannot be supplied for the first time in the submission of claim
to this Board. We conclude therefore that the claim as stated is not properly
before the Board and, accordingly, we shall issue a dismissal Award. For similar
rulings see Award Nos. 15835, 19857, 19858, 19902, and 19970.
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 the
dispute involved herein; and
That the claim is dismissed in accord with Opinion.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
xecutive Secretary
Dated at Chicago, Illinois, this 14th day of December 1973.