NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20499
Frederick R. Blackwell, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Western Weighing and Inspection Bureau
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL7452) that:
(a) The Bureau improperly applied the wage increases of the
National Wage Agreement of February 25, 1971 Case No. A-8853 to the position of Secretary to Assista
effective September 11, 1972.
(b) An adjustment to be made in the wages of Claimant Mary Ann
Hynes on Position No. 047, Secretary to Assistant Manager for the period
effective September 11, 1972 of $150.00 per month and continuing until
such time as the former rate of pay is reestablished.
OPINION OF BOARD: We shall dispose of this case in line with our dis
position of a similar claim in Award 20456. In that
docket the Carrier raised, inter alia, the procedural objection that the
claim submitted to this Board was not the same claim that was filed and
appealed on the property and, therefore, the claim had not been handled
in the usual manner as required by applicable procedures. We sustained
the Carrier's objection in Award 20456, which resulted in dismissal of
the claim. The Carrier raises the same procedural objection here; the
objection is well taken and we shall dismiss this claim also.
Part (a) of the Organization's Statement of Claim before this
Board deals with as alleged failure of the Carrier to properly apply certain wage increases provided
"(a) The Bureau improperly applied the wage increases of
the National Wage Agreement of February 25, 1971 Case No.
A-8853 to the position of Secretary to Assistant Manager,
Position No. 047 for the period effective September 11,
1972."
The Claim that was originally filed in this case alleged in
part:
j "At the time this position was under coverage of Scope Rule
1 (c) the Bureau requested it to be put under coverage of
Scope Rule 1 (b) and through a Memorandum of Agreement it
Award Number 20457 page 2
Docket Number CL-20499
"was agreed to with the understanding the rate of pay
would be commensurate to that of positions in that
category.
The Bureau, for reasons of their own, arbitrarily reduced the rate of pay on this position One H
Fifty Dollars ($150.00) per month effective September
11, 1972 at the time Mary Ann Hynes took over the duties
of the position.
We contend that the Rules of our Agreement were violated,
especially Rules 1, 3, 45 and 53 and Memorandum of Agreement. This claim is for $150.00 per month ef
represents the difference between the old and the new rate
on this position."
A plain reading of the Statement of Claim submitted to this Board
and the claim that was originally filed makes it clear that a substantial
variance exists between the two. The rules relied upon differ, the facts
supporting the alleged violation differ, and the claims appear to have different underlying theories
to the Board, being substantially different from the claim filed and handled on the property, cannot
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 handled in the usual manner.
i
Award Number 20457 Page 3
Docket Number CL-20499
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: GG i
Executive Secret
Dated at Chicago, Illinois: this 25th day of October 1974.