NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25459
Lamont E. Stallworth, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chesapeake and Ohio Railway Company (Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused
to permit Messrs. Jesse D. Cales, Joseph A. Hoke, Robert Childs and Neiholas
J. Yeargo to displace junior employes on the Clifton Forge Division (System
Files C-TC-1475/MG-3649, C-TC-1487/MG-3651, C-TC-1474/MG-3648 and
C-TC-1454/MG-3653).
(2) As a result of the violation referred to in Part 1 hereof,
Messrs. Jesse D. Cales, Joseph A. Hoke, Robert Childs and Neiholas J. Yeargo
shall be compensated for all wage loss suffered beginning September 17, 1982,
October 15, 1982, September 20, 1982 and September 20, 1982, respectively, and
continuing until such time as they were each returned to service or until such
time as there were no employes junior to the claimants working on the Clifton
Forge Division."
OPINION
OF BOARD: This claim turns on two issues: 1) Did the Claimants
notify the appropriate company supervisor of their desire
to displace a junior employee, and: 2) Was significant evidence submitted to
the Board which had not been submitted or discussed on the property?
The first question arises as a condition of the applicable rule.
Under that rule, the Claimant must notify the proper designated company
supervisor. The Carrier has asserted that the employes have been repeatedly
advised that the Track Supervisor is the appropriate person to be notified,
and have backed this assertion with listing of office hours, availability by
telephone, and so on. The Organization asserts that this simply is not so,
but backs its assertion with nothing other than saying that on at least one
occasion the office was not open during part of the hours it was supposed to
be open.
The Board finds the Carrier's assertion more persuasive as it goes
directly to the issue. Thus, the Board concludes that Claimants knew with
whom they were to file, but for reasons unknown, did not choose to do this in
the proper manner.
The Carrier asserts that letters submitted in evidence at the Board
were not submitted on the property. The Organization does not respond to
this. It would appear that these letters are improper evidence, thus further
stripping claimants of any basis of claim. Notwithstanding this procedural
error of submission, the Board finds the first issue to be pre-eminent.
The Board can only concur in the long standing principle supported
by this Board that Claimants are obligated to follow the specific procedures
of the rule. These Claimants did not do that.
Award Number 25879 Page 2
Docket Number MW-25459
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 was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
, 45
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of January 1986.