NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25487
Frances Penn, Referee
(K. M. Hawthorne
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM:
"The Carrier (Chesapeake and Ohio Railway Company) violated Rule 44 of the
Clerks' General Agreement as well as others, when they failed to pay employees
of the Car Accounting Office, C&O Railway, Huntington, West Virginia rates that
were comparable to those paid to employees of the Car Accountant's Office C&O-B&O
Railway Company, Baltimore, Md. after the jobs located in
Huntington, W
. Va.
were abolished and reestablished as part of a reorganization effort to further
the process of transferring the work of the Huntington Office (Car Accounting) to
Baltimore, Maryland (Car Accountant).
We contend that we should have been given the same rate of pay for the same jobs
and that not only were the agreement rules violated, but discrimination was also
a part of this viola tion.·
OPINION OF BOARD: This claim arises out of the consolidation of Carrier's
operations at Huntington, West Virginia, and Baltimore,
Maryland, under a Memorandum Agreement between the Carrier and The Brotherhood of
Railway, Airline and Steamship Clerks, dated March 3, 1982. The claim was filed
by K. M. Hawthorne on behalf of herself and 17 other Clerical employes in the Car
Accounting Office in Huntington, West Virginia. These employes contend that
under Rule 44 of the Clerks' General Agreement they are entitled to be paid the
same rates as those paid to similar employes in the Car Accountants' Office in
Baltimore, Maryland. The Carrier contends that the consolidation including the
rates of pay of the positions held by the Claimants was properly negotiated
between the parties and that, in any case, the handling of this claim was
procedurally defective and that the claim is precluded from consideration by this
Board.
A review of the way in which this claim was handled convinces this
Board that the grievance procedures required by Rule 27 1/2 of the Agreement and
by Section 3 First (il of the Railway Labor Act were not followed. Rule 27 1/2
states in part:
"(a) A11 claims or grievances must be presented in
writing by or on behalf of the employe involved, to the
officer of the Carrier authorized to receive same, within
60 days from the date of the occurrence on which the
claim or grievance is based. Should any such claims or
grievance be disallowed, the Carrier shall, within 60
days from the date same is filed, notify whoever filed
the claim or grievance (the employe or his representative)
in writing of the reasons for such disallowance. If not
so notified, the claim or grievance shall be allowed
as presented, but this shall not be considered as a
precedent or waiver of the contentions of the Carrier
as to other similar claims or grievances.
Award Number 25536 Page 2
Locket Number MS-25487
'(b) If a disallowed claim or grievance is to be
appealed, such appeal must be in writing and must be
taken within 60 days from receipt of notice of disallowance, and the representative of the Carrier s
notified in writing within that time of the rejection
of his decision. Failing to comply with this provision,
the matter shall be considered closed, but this shall not
be considered as a precedent or waiver of the contentions of the employes as to other similar claims
grievances.
'(c) The requirements outlined in Sections (a) and
(b) of this rule pertaining to appeal by the employe and
decision by the Carrier shall govern in appeals taken to
each succeeding officer, except in cases of appeal from
the decision of the highest officer designated by the
Carrier to handle such disputes. A11 claims or grievances
involved in a decision by the highest designated officer
shall be barred unless within 9 months from the date of
said officer's decision proceedings are instituted by
the employe or his duly authorized representative before
the appropriate division of the National Railroad Adjust
ment Board or a system, group or regional board of adjust
ment that has been agreed to by the parties hereto as
provided in Section 3 Second of the Railway Labor Act.
It is understood, however, that the parties may, by
agreement in any particular case, extend the 9 months'
period herein referred to.'
The record shows that these procedural requirements were not followed.
After the initial claim in this dispute was filed on September 2, 1982, by the
Local Chairman, Ms. Hawthorne appealed directly to the Board. Thus, the claim
was not handled through the various levels of appeal as it should have been. In
addition, no conference was held on the property as is required. Numerous Awards
issued by this Division make it clear that this Board will not consider a claim
which is not handled on this property in accordance with applicable Agreement
rules and the applicable statutory requirements. (See Third Division Awards No.
23581, No. 19571, and No. 11896.) Since this claim was not handled in accordance
with the required procedures, the Board must dismiss it.
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 2, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim is barred.
Award Number 25536 Page 3
Docket Number MS-25487
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J
DpC
er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of June 1985.