NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24048
Herbert L. Marx, Jr., Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
PARTIES TO DISPUTE: Freight Handlers, Express and Station Employes
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9404)
that:
(1) Carrier violated the effective Clerk-Telegrapher Agreement when,
on the dates of September 6, 6, 19, October 31, November 7 and 15, 1978, January
3 and 9, 1979, and May 21, 1980, it caused and permitted employees not covered
thereby to report Heavy Motor Car Movements direct to the Train Dispatcher, an
employee not covered by said Agreement, at Grafton, West Virginia, and
(2) As a result of such impropriety, Carrier shall compensate Mr. L. G.
Metz, first-trick Block Operator at WN Tower, Cowen, West Virginia, a three (3)
hour pro rata payment for September 6, 6, 19, October 31, November 7, 15, 1978,
and January 3 and 9, 1979, and
(3)
That Carrier shall compensate Mr. L. B. Arnett, first trick Block
Operator at Gaston Junction, Fairmont, West Virginia, a three (3) hour pro rata
payment for May 21, 1980.
OPINION OF BOARD: The dispute in this case involves the fact that a hi-rail
motor truck was reported into clear to the Train Dispatcher
by a Maintenance of Way Employe. Claimants base their entire argument on an
alleged violation of Ruls 65 - Train Orders - Clearance Forms - Blocking Trains.
This Rule 65 has been examined and ruled upon by seven prior awards
of this Division involving the same parties as here. See Award Nos. 21074, 21326,
21575, 21651, 21671, 21681, 22017.
In Award No. 21575 the Board said:
"Based upon the entire record of this case, and in view of our
previous decisions as listed above, which have not been shoran
to be palpably erroneous, we cannot find a contractual basis for
the result desired by petitioner."
The Board subscribes to the reasoning in that award and must deny the
claim herein.
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;
Award Number 24279
Docket Number CL-24048
Page 2
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.
A W A R D
Claim denied.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSMKENT BOARD
By Order of Third Division
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 31st day of March 1983.
