NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24956
I. M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-9745) that:
"(Z) Carrier violated the effective Clerks' Agreement when, commencing
on our(sic) about March 8, 1982, it required and/or permitted employes not
covered thereby to perform work reserved to fully covered employes;
(2l Carrier shall now compensate Clerk R. J. McDermott an additional
three hours' pay at the pro rata rate of Position SK-3, commencing on March
8, 1982, and continuing for each and every day thereafter that a like violation
occurs."
OPINION OF BOARD: On,May 23, 1979, Carrier instituted a new and improved
inventory control program. The employees in the
maintenance
of Way truck garages at Gary (as well as at the truck garage in Joliet) had
maintained their own
inventory of
parts and tools since 1960, and at least in
part, since 1939. The truck garages in 1979, were the last Sub-Departments
to be included in the new system, which had been initiated in 1968.
The parties have presented copious and varied arguments in support
of their respective positions in this matter, and a third party, the Brotherhood
of Maintenance of Way Employes has also submitted a position (submission) in
this dispute. First, it must be noted that the Carrier has insisted from the
outset that this dispute embraces a series of Claims, four in number. The
record is clear, however, that three of the Claims have been withdrawn by
Organization (covering different factual circumstances from that herein).
Carrier has no right to the position that those Claims are at issue herein:
they are not.
A careful study of the documents submitted by both parties, as well
as the arguments and early handling on the property, indicates considerable
confusion as to the heart of the dispute. Perusal of the third party documents,
the Carrier's rebuttal in particular, and Organization's rebuttal and brief,
convince this Board that there may in fact be no real dispute. A11 three
parties appear to agree that the strictly clerical functions relative to the
completion of the two requisition documents are properly handled in part by
Clerks and in part by mechanics in the garage.
Award Number 25321 Page 2
Locket Number CL-24956
In addition, there does not appear to be any basis for the timing
of the Claim herein. There is no evidence to show that any change occurred
in the manner of dealing with the inventory Clerical functions in March of
1982, relative to the installation of the system in 1979. Thus, the Claim
herein appears to be barred by Rule 28 1/2.
In view of the lack of clarity and specificity in the Claim and
the lack of conformity to the time limits provided by Rule 28 1/2, the Claim
must be dismissed.
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; and
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
Claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancyr
er - Executive Secretary
Dated at Chicago, Illinois this 15th day of March 1985.