NATIONAL RAILROAD ADJUSTMENT BOARD
. THIRD DIVISION Docket Number SG-22776
George E. Larney, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Louisville and Nashville
Railroad Company
On behalf of Signal Maintainer E. E. Gaines (the senior signal
maintainer on seniority district No. 2) for six hours at time and one-half
rate account a Foreman called to perform maintainers work in violation of
the Signalmen's Agreement Rules 3 and 52(c)."
(Carrier file: G-265-4 G-265/
OPINION OF BOARD: The claim before us was initiated by the Local Chairman
on behalf of E. E. Gaines, Senior Signal Maintainer
assigned to Carrier's seniority District No. 2 located in Eastern Kentucky.
The Organization alleges that the Carrier violated Rules 3 and 52 (c) of the
Signalmen's Agreement, when an Sunday, June 19, 1977, Carrier failed to call
the Claimant to work on signal trouble and instead utilized the service of
a Signal Foreman.
Upon a thorough review and examination of the record, the Board
determines it cannot render an Award on the merits of the instant case
because the Local Chairman who initiated the claim has advanced the
Organization's position based on the wrong agreement rules. Clearly,
under the surrounding circumstances of the instant situation, Rules 3 and
52 (c) bear no relation to the claim at hand. In support of this judgment
we note that in the reply brief filed by the President of the Organization,
the relevant Rules, 18 and 23 are cited as the basis for argument, with
brief reference to Rule 3 and no reference to Rule 52(c).
It is critically important for those advancing a claim to do so
based on relevant rules and employing appropriate argument.
Award Number 22801 Page 2
Docket Number SG-22776
FINDIMS: 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 Employee 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:
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Executive Secretary
Dated at Chicago, Illinois, this 31st day of March 1980.