NATIONAL RAILROAD ADJUSTMENT BOAR
THIRD DIVISION Docket Number SG-20321
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Baltimore and Ohio Railroad
Company that:
(a) Carrier violated the Signalmen's Agreement, particularly
Rule 52, when on April 5, 1972, it declined to pay Signal Maintainer George
T. Conroy for all lost time, less any earnings, for the period of his dismissal involved in NRAB Awa
(b) Carrier should now pay to Signal Maintainer George T. Conroy
time equal to the assigned working hours of the Signal Maintainer position
he held at time of dismissal, plus general wage increases and less any
earnings in or out of service.
/Carrier's File: 2-SB-11-N/
OPINION OF BOARD: Claimant in this dispute was dismissed on March 30, 1970
for falsifying his employment application. A claim was
subsequently processed on the property which requested reinstatement for
Claimant; no claim for compensation was included. In Award 19064 the Board
sustained the claim for reinstatement. The claim before us is a request for
compensation related to the time Claimant was in a dismissal status in the
earlier dispute.
Petitioner's entire argument is based on Rule 52 which is alleged
to be an "automatic" rule; it provides as follows:
"RULE 52 - EXONERATION
If the charge against an employee is not sustained,
it shall be stricken from the record. If by reason
of such unsustained charge, the employee has been
removed from the position held, reinstatement will
be made and payment allowed for the assigned working
hours actually lost, less any earnings in or out of
the service."
Section 3, First (m) of the Railway Labor Act as amended provides
as follows:
Award Number 20512 Page 2
Docket Number SG-20321
"The Awards of the several divisions of the Adjustment
Board shall be stated in writing. A copy of the Awards
shall be furnished to the respective parties to the controversey, and the Awards shall be final and
both parties to the dispute. In case a dispute arises involving an interpretation of the Award the D
Board upon request of either party shall interpret the
Award in the light of the dispute."
The Awards of this Board are final and binding as indicated above.
Furthermore we have held in all Divisions that the Board should refrain
from readjudicating disputes that have already been heard and adjudicated.
Although either party may, if it so desires, request an interpretation of
an Award, as provided in Section 3, First (m) above, we have ruled repeatedly
that a Claimant may not bring a series of claims based upon one act to the
Board.
For the reasons indicated above, 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 the Board does not have jurisdiction over this dispute.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
&A".
By Order of Third Division
ATTEST:
!!.
Y1Ii
xecutive Secretary
Dated at Chicago, Illinois, this 8th day of November 1974.
Dissent to Award 20512, Docket S0-20321
We hold that the Majority has erred in its Award in this dispute.
Contrary to the Eajority's inference, the present dispute did not
request a readjudication of the dispute resolved by Award
19064;
it
requested a resolution of a dispute which arose as a result of the
Carrier's refusal to abide by the parties' Agreement Rule No. 52, a Rule
which could neither have been violated nor have become active until it
was determined that the discipline, which was the subject of Award
19064,
should not be sustained. The record shows that the Respondent is guilty
of a second Agreement violation; the Majority should have proceeded to
resolve the dispute.
Award 20512 is in error and dissent is registered.
W. W. Altus, Jr.
Labor Member
i