NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19898
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Long Island Rail Road Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on The Long Island Rail Road that:
Carrier's Supervisor-Sick Leave Administration, M. G. Clemens,
rescind her letter of May 26, 1971, addressed Assistant Signal Foreman
L. A. Schulz which stated: "In the future it will be necessary for you
to submit a Dr's certificate for each illness."
OPINION OF "BOARD: The Claim in this matter contains an assertion of fact
but no indication of Agreement violation and requests
no specific relief. The submission of Petitioner and the correspondence
on the property indicate that the Claim concerns a "protest" of a letter
received by Claimant from a Carrier official which stated inter alia: "In
the future it will be necessary for you to submit a Dr's certificate for
each illness". Petitioner has demanded, in correspondence only, that this
letter be rescinded.
The record reveals that Claimant obeyed the injunction quoted
above, without protest, in further requests for sick leave, and was paid
for all sick leave days involved. Further, Claimant retired on July 27,
1971 subsequent to this issue being raised.
The Board is not empowered to consider the dispute herein presented on its merits. We are preclu
grounds: 1. No violation of the Agreement is alleged and no specific
relief is sought; 2. the implicit remedy sought would make a determination of future hypothetical ri
course, the Claim is moot.
We have held consistently that the Board has no power to grant
declaratory relief (see Award 16441). Furthermore the dispute in this
case was not handled in the usual manner in accordance with the provisions
of the Railway Labor Act.
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;
Award Number 20244 Page 2
Docket Number SG-19898
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
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Claim must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1974.