NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket
Number MS-20246
Irwin M. Lieberman, Referee
(Vaughn E. Smith
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: I have been with the Missouri Pacific Railroad for approxi
mately 26 years. I, as most employees did, started out as
Class C seniority and worked up to Class A. Other employees chose not to do so
rather than to work out in the yards in all kinds of inclement weather - rain,
snow, heat, etc. They preferred the better working conditions under a roof.
Now everyone has been arbitrarily consolidated into Class A with no
consideration given to those of us who accepted the working conditions that went
along with Class A. This results in many gaining seniority over those of us who
worked up to Class A.
OPINION
OF BOARD: Claimant entered Carrier's service, and established a senior
ity date, on October 9, 1946. He was employed as a freight
house laborer and was carried on the Class C seniority roster. Claimant was
later promoted to a clerical position and established a seniority date of Feb
ruary 8, 1947 on the Class A-B seniority roster. Effective March 1, 1973,
following a negotiation, Carrier and the Organization entered into an agreement
which effected the consolidation of Groups A, B and C seniority rosters. Follow
ing this change Claimant, although retaining his oldest seniority date of Octo
ber 9, 1946, was passed on the consolidated roster and instead of maintaining
the 79th position was moved to 100 on this new list. He considers the consoli
dation to be discriminatory, and by inference requests its rescission.
The record herein indicates that the claim was not processed on the
property in accordance with Rule 43 of the Agreement. No grievance was filed
on the property and the entire matter was initiated by the submission to this
Board. Rule 43 provides for the submission of all claims to the officer of
the Carrier authorized to receive them and a step by step procedure thereafter;
this process was not followed by Claimant. The Railway Labor Act, as amended,
provides in Section 3, First (i) that as a condition precedent for Board consideration disputes must
to and including the chief operating officer of the Carrier designated to handle
such disputes." For this reason we have no alternative but to dismiss this
claim. In passing, it must be noted that the claim could not have been considered on its merits even
does not allege any rule violation but rather that a new rule is inequitable and
discriminatory. It is well settled that this Board has no authority to change
rules; that perogative belongs to Carrier and the Organization through negotiation.
Award Number 20078 Page 2
Docket Number MS-20246
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 was not progressed in accordance with the Rules.
A W'A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
40 dq&4tl~.
By Order of Third Division
ATTEST:
Executive 'Secretary
Dated at Chicago, Illinois, this 14th day of December 1973.