NATIONAL RAILROAD AI)JUSTMENT BOARD
THIRD DIVISION Docket Number CL-20843
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific
( Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7579) that:
1. Carrier violated and continues to violate the Clerks' Rules
Agreement at Chicago, Illinois when it arbitrarily transferred work from
Seniority District No. 30 to Seniority District No. 152.
2. Carrier shall now be required to compensate employe C. DiCicco
at the penalty rate of Report Clerk Position 02260 for all report work removed from her position for
for all subsequent days the violation continues; reparation to be determined
by a joint check of Carrier's records.
OPINION OF BOARD: The instant dispute concerns asserted unilateral transfer
of work across seniority district lines, in abrogation
of Rule 2 of the Agreement.
Among other defenses advanced, Carrier relies upon the February
7, 1965 National Agreement. That Agreement governs Carrier's right to
. . transfer work and/or transfer employees . . ." across seniority
district lines necessitated by ". . . technological, operational and organizational changes . . ." M
Agreement provides the specific machinery for resolving "Any dispute involving the interpretation or
agreement. . .
We find no evidence of record which suggests that the February 7,
1965 Agreement has been amended, modified, abrogated or superseded.
AS
noted in Award 17988:
"We agree with prior Awards of the Board to the effect
that procedures established and accepted by the parties themselves for resolving disputes should be
See, also, Award 16869.
Accordingly, we will dismiss the claim without prejudice.
Award Amber 20982 Page 2
Docket Number CL-20843
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 be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
I i
Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1976,