NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20189
Joseph A. Sickles, 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:
(a) Carrier violated the current Signalmen's Agreement, particularly the Scope, when it required and
contractor, Comstock Construction Company, to install impedance bonds at
Corona substation on the North Shore Branch Line.
(b) Carrier should be required to pay to its employes of the
construction gang one day's pay for each set of bonds installed by employes
of said construction company in part (a) above.
OPINION OF BOARD: The Organization alleges that Carrier violated the Scope
Rule when it contracted, to a construction company, certain work of installation of Impedence Bonds.
Among other defenses, carrier asserts that the claim should be dismissed because it failed to proper
is vague and indefinite.
This Board has noted, on many occasions, that it should rule on
the merits of an individual case whenever possible, however, we feel that
the status of the record, as developed on the property, precludes us from
doing so.
The initial claim sought a money award of one day's pay for each
set of Impedance Bonds installed for "members of the signal construction
gang." In reply, Carrier stated that the claim does not state the specific
details relating to the case, and is " ..ambiguous in relationship to the
individuals that were adversely effected,...". The same letter discussed
certain aspects of the installation.
In the appeal, the employees reiterated its money claim for members of the signal construction gang,
the claim.
In the appeal to Carrier's President, the claim was reiterated
in the same basic terms, but added certain assertions not material to the
case. In the President's denial, Carrier again pointed out that the claim
failed to name or identify the employees involved and on whose behalf the
claim was made. It was again noted that the claim did not contain specific
information concerning the alleged violations.
f.
Award Number 20343 Page 2
Docket Number SG-20189
While it is not necessary to specifically name the emoloyee(s)
in a claim, he or they must be described in such a manner so as to be readily
identifiable by the Carrier without further evidence or nis (or their)
identity must be ascertainable without undue difficulty. See Award 20054,
and the Awards cited therein.
An Organization may not place a burden of guesswork on the Board
so as to require it to engage in various speculations (Award 17740 - McCandless) and the identity of
so as to make identity known under the prevailing circumstances. Award
11372 (Dorsey). Obviously, each dispute must be considered upon its own
merits.
While there is
question as to how many signal gangs Carrier maintained at
the time,
that aspect was not handled on the property and is not
row properly before us.
I
We do not state that in all cases the designation of "construction
crew" as Claimants would be fatal, but we feel that it is under the particular circumstances here.
The Carrier, on two occasions, placed the employees on notice that
it did not consider the designation as being specific enough. The employees
did not attempt to clarify the identity of Claimants in any manner, nor did
they expand upon the nature of the alleged violations; which expansion might
have contained information which would have identified the claimant. Thus,
under this record, we feel that Award 20054 controls the disposition of the
dispute, and the claim must be dismissed.
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 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 31st day of July, 1974.