NATIONAL RAILROAD
AWISTMENT BOARD
THIRD DIVISION
Rodney E. Dennis, Referee
Award Number 23447
Docket Number CL-23166
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employee
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEN O' CLAIM: Claim of the System Committee of the Brotherhood (GL_8896)
that:
Claim No. 1:
(a) Carrier violated the Clerks' Agreement on August 12 and 19,
1976 when they arbitrarily rearranged clerk L. J. Bellottie from his regular
assignment to Position T-43 on each date.
(b) Claimant Bellottie shall now be allowed eight (8) hours pay at
the pro rata rate of Position C-156 for each date as a result of this violation.
Claim No. 2:
(a) Carrier violated the Clerks' Agreement on November 13, 1976
when they arbitrarily rearranged Clerk L. J. Bellottie from his regular assignment
to Position T-43 on this date.
(b) Claimant Bellottie shall now be allowed eight (8) hours pay at
the pro rata rate of position C-156 as a result of this violation.
OPINION OF BOARD: This case involves two claims. On August 12 and 19, 1976,
Claimant L. J. Bellottie was rearranged from his regular relief
fob on position C-156 to position T-43, to fill a vacation vacancy.
Claimant was als
o rearranged from his regular fob on position C-156
to position T-43 On November 13, 1976. The Organization filed two separate
claims. Those two claims have been consolidated for presentation to this
Board- The Organization is seeking three days' pay at the pro rata rate as a
resolution of this claim.
The parties to this dispute each presented this Board with an alleged
Procedural violation that they argued should force a decision of this case in its
favor. First, the Organization argued that once its initial claim was presented,
Carrier's refusal of the claim contained no reasons for its position, other r'
a statement that the claim was unsupported by agreement rules. This failure
on the past of Carrier, the organization argues i
u._<i 36, Consequently, the claim should
, s a violation of Rules 2711
be paid as requested,
Award Number 23447 Page 2
Docket Number CIr'3166
Rules 27k and 38 require that the reason for the denial of a claim be given by
Carrier. In reviewing the record, it is clear that Carrier gave as its reason
for denial of the claim that the claim was not supported by schedule rules. This
Board in numerous awards has declared that such a response by Carrier meets the
requirement of clauses such as Rules 27k and 38. We therefore deny the
Organization's plea
on this issue (see, for instance, Third Division Awards
14761, Ritter;
148116,
Dorsey;
14864,
Ives; 20802, Eischen; and 21132, Eischen.
Carrier, in turn, makes the argument that the Organization has failed
to specify which schedule rules support its claim is the handling of the case
on the property other than to mention Rules 27h and 38, which deal with the
procedural argument. This failure to specify on the property the rule that
Carrier is alleged to have violated bars the Organization from specifying it
before this Board now.
FA careful review of the record reveals that the Organization did not
P4
cite any specific rule that was violated by Carrier. It is a well established
s
principle with this Board that petitions must cite the~specific rules alleged
le w
to have been violated on the property. They cannot be cited for the first time
in the submission to this Board. We therefore must dismiss this claim as not
having been properly handled on the property nor before this Board (see Award
~~J J.:Z1
7 .
21331,
Zums,
and awards referenced therein).
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 Agreement vas not violated.
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A W A R D % _,~ _
Claim dismisaed.
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NATIONAL RAILROAD ADJU$TTIENT BOARD
By Order of Third Division
Attest:
Executive Secretary
Dated at Chicago, Illinois, this 8th day of December 1981.