RATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22430
William M. Bdgett, Referee
Brotherhood of Railway, Airline and
Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMT OF CLAIM: Claim of the System Committee of the Brotherhood
(aL-8513) that:
(1) Carrier violated the terms of the Agreement between the
parties when it abolished the first-trick Block Operator position at
s7C Tower, Paskeraban, West Virginia, 7tOO AM to 3:00 PM, on Sundays
only, and diverted the work of the position (on Sundays) to the 7:00 AM
to 3:00 PM first-trick Block Operator position at OB Tower,, Parkersburg#
West Virginia, and
(2) Ea consequence of this violation, the Carrier shall be
required to compensate 1r. A. M. Carpenter, incumbent of S% Tower,
Parkersburg, West Virginia, first-trick Block Operator position, eight
(8)
boars pp at overtime rate for
Sums,
February 1,
1976,
and each
subsequent Sunday, as the violation continues.
OPINIOM 0f BOARDS This claim arose at Carrier's Parkersburg, West
Virginia Terminal. There are two yards in existence
at Parkersburg, Each yard has a separate telegraph office. Prior to
August,
197%
both telegriph offices operated twenty-four hours a defy,
seven days a week. In August, 19759, the 7 am. to
3
Pm. Operstoe's
position at S% Tower was discontinued. The organisation alleges that
follaring that date work that should have been performed between 7 s.m.
and 3 Pm. on Sundays was diverted to and performed at the OB Tower.
The Carrier has consistently resisted this claim on several
grounds, but principally they have argued that the Organization never
once furnished sty specific details concerning the work that was
allegedly improperly performed during the period of this.cla3m. Carrier
argued this point when the claim was initially filed, they argued this
point on appeal and they. have argued this point in their submission
before the Board. We have carefully examined the entire record in this
case and conclude that the Carrier's point is valid. We fail to find
Award Humber 22487 Page 2
Docket Number CL-22430
in this sword asp details whatsoever of the work that was allegedly
improperly performed during the period of this claim. All that we have
is an allegation, articulately argued. But the allegation lacks a
basic element, proof and identification of the work involved. We have
no alternative bat to dismiss the claim.
FINDnPG3: 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 Mqloyes involved in this dispute
are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Claim be dismissed.
A W A R D
Gain disstased.
RA'fIOUL RABIAD ADJtB;THMT HOARD
By Order of Third Division
EMT: AaAeOOLMO
Executive Secretary
Dated at Chicago, minois, this 24th ,day of August 1979.