NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19927
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(J. F. Nash and R. C. Haldeman, Trustees of the Property
( of Lehigh Valley Railroad Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-7139
)
that:
1. Carrier violated the Agreement between the parties effective May
1, 1955 as amended when it arbitrarily gave position of Group 2 Janitor-Bunkhouse Attendants to furl
in preference to Claimants Phyllis Blaisdell and Maxine Tobey, furloughed Group
1 Clerks, employes fully covered by Agreement, and
2. Carrier shall now be required to assign Claimants to positions in
question, and
3. They shall be required to compensate Claimant Blaisdell, senior
of two Claimants, a day's pay for each working day furloughed Trainmen Bolan
performed the duties of said position retroactive sixty days to the date Superintendent DeLongis rec
dated March 30, 1971, and
4. Carrier shall be required to compensate Claimant Tobey for a
day's pay for each working day furloughed Trainman Barry performed the duties
of said position from March 17, 1971, continuing until violations are corrected.
OPINION OF BOARD: The Claimants, Mrs. Phyllis Blaisdell and Mrs. Maxine Tobey, had
been working in clerical positions for Carrier at Manchester,
New York, and were on the Group I roster. On July 1, 1970, Carrier abolished
their positions and they went on furlough status. Later, on November 24, 1970,
Claimants were advised that their names had been removed from the Seniority
District Group I Roster for failure to comply with Rule 19(c) of the Agreement
in effect at that time.
In January, 1971, two Group 2 Janitor-Bunkhouse Attendant positions
became vacant at Manchester due to retirements. On January 8th Claimant Toby
wrote a letter to Carrier officials asking to be placed in one of these positions. Under date of Jan
"At the present time, there are no vacancies that exist at Manchester
...."
Meanwhile, on January 9th Claimant Blaisdell wrote Carrier Officials requesting
that she be placed in one of these assignments. She received a letter from
Terminal Superintendent dated January 13th advising"
....
at the present time
Award Number 20073 Page 2
Docket Number CL-19927
no vacancies exist at Manchester."
The System Committee of the Brotherhood maintains that Carrier violated the Agreement between th
it assigned these positions to furloughed Trainmen who were not covered by the
Agreement instead of assigning Claimants to the positions in question. The
Organization also asks for retroactive pay for Claimants, and continuing pay
until the alleged violations are corrected.
Carrier denies violation of the Agreement, and counter-claims that
the Orgainzation was in violation of Rule 33 (August 21, 1954 Agreement) when
the General Chairman filed the claims with the Superintendant rather than with
the Trainmanster, and that the claims are therefore improperly before this
Board and should be dismissed. Carrier further alleges the claims are too
vague and indefinite for consideration because the Organization failed to
specify any dates, times, and/or availability of Claimants.
It is stated in Position of Carrier that "Claims involving the removal of Mrs. Tobey and Mrs. Bl
before the Third Division". These claims have been adjudicated by this Board.
In Award 19834, Claimant Tobey's claim was sustained. In Award 19835 Claimant Blaisdell's claim was
from further consideration of the claim of Mrs. Blaisdell.
As to the claim of Mrs. Tobey, we do not believe the procedure in
the handling of this claim was the proper one to follow. The claim should
have been originally filed with the Trainmaster. Her letter addressed to
several representatives of Carrier requesting assignment to fill a vacancy,
although answered by the Trainmanster, does not constitute a claim. In this
instance the claim itself was filed with the Superintendent by the General
Chairman. Failure to follow the established procedure for handling claims
requires this Board to dismiss the claim.
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 be dismissed.
Award Number 20073 Page 3
Docket Number CL-19927
A W A R D
Claim dismissed
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1973.