NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25938
Lamont E. Stallworth, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned outside
forces to repair cylinder heads on June 18, 21, 22, 29, July 3, 9, 11 and 16,
1979 (System Docket CR-194).
(2) Because of the aforesaid violation, Maintenance of Way Repairman R. C. Greene and all other
Way Repair Shop on the dates mentioned in Part (1) hereof shall each be
allowed pay at their respective rates for an equal proportionate share of the
eighty-three (83) man-hours expended by outside forces in performing the work
referred to in Part (1) hereof."
OPINION OF BOARD: The Claimants were all employed as repairmen in the Main
tenance of Way Repair Shop in Canton, Ohio, at the time
this dispute arose. Sometime prior to the occurrence in question, the Carrier
contracted with an outside company to perform repair work on cylinder heads.
The Organization contends that this action was a violation of the Scope and
Work Classifications Rule, which states in relevant part,
"Before work covered by this Agreement is
contracted, the Chief Engineer or his designated representative will confer with the
General Chairman, except in emergencies.
Emergencies, as that term is used herein
applies to fires, floods, heavy snow and
like circumstances."
The Organization further contends that this repair work was in their
members' exclusive domain because the Scope Rule reserves to them "repairs to
mechanical tools, on-track equipment and roadway machinery used by Maintenance
of Way employes."
The Carrier opposes the Claim on several grounds. First, the
Carrier objects to the Claim on procedural grounds because the initial Claim
failed to specify any individual employes who were allegedly harmed by the
Carrier's actions. Instead, the initial Claim stated that it was being made
"In behalf of the members of Local 3050" and described the work done and the
dates on which it was allegedly done. In later references to the Claim the
Organization stated that it was being brought "in behalf of R. C. Greene and
Members of Subordinate Lodge 3050."
Award Number 26256 Page 2
Docket Number MW-25938
With regards to the merits of the case, the Carrier contends now, as
it did on the property, that the cylinder head work was subcontracted out
because faulty head work performed by the Local's members had resulted in
several engine failures. According to the Carrier, a lack of qualified
employes is an acceptable reason under the contract justifying the Carrier to
subcontract work. The Carrier also argues that the Scope Rule does not
reserve to the Claimants alone the work in question.
As for the procedural question, this Board has held on prior
occasion (see Third Division Award 11372) that Claimants need not be specifically named in a claim i
aggrieved must be described with sufficient clarity that the Carrier can
readily identify same. In this case the Carrier contends it cannot identify
Claimants from the Claim as stated. The Organization must prove, by evidence
in the record, that the identity of the aggrieved can be readily ascertained
by the Carrier.
At first blush the Claim here appears to be sufficient, under these
criteria. It specifies the type of work subcontracted out, the dates on which
it was allegedly done, and the amount of time it took. One might assume from
this part of the Claim the Organization is making a Claim on behalf of the
most senior repairman (or repairmen) who worked on a specific date.
However, the Claim does not state this, and other parts of the Claim
appear to contradict this interpretation. The initial sentence states that
the Claim is being brought on behalf of all the members of the Local. This
language suggests that it is demanding a certain unspecified amount of money
as damages from the Carrier, which It intends to distribute among all of its
members. It also suggests that all the members of the Local have been adversely affected by the Carr
Under these circumstances it cannot be said that the identity of the
Claimants is known to the Carrier or can be determined easily from its record.
Therefore 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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim is barred.
Award Number 26256 Page 3
Docket Number MW-25938
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J ver - Executive Secretary
Dated at Chicago, Illinois, this 20th day of March 1987.