Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26826
THIRD DIVISION Docket No. MW-26049
88-3-84-3-413
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Mechanical
Department forces instead of Maintenance of Way Department Work Equipment
Repairmen to repair and maintain cranes, trucks, forklifts, etc. on the
Susquehanna, Champlain, Saratoga and Pennsylvania Subdivisions on and
subsequent to December 22, 1982 (System File 3-83).
(2) The Carrier violated the Agreement when it assigned Bridge and
Building Department employes (one foreman and three mechanics) instead of work
equipment repairmen to replace wheels on a motorized track car on December 28,
1982 (System File 4-83).
(3) Because of the aforesaid violations, furloughed Work Equipment
Repairman R. B. Barton shall be allowed eight (8) hours of pay each day for
December 22 and 23, 1982, sixteen (16) hours of holiday pay for December 24
and 27, 1982 (Christmas Eve and Christmas Day 1982) and eight (8) hours of pay
for December 28, 1982 and for each day subsequent thereto on which Mechanical
Department forces perform work as described in Part (1) hereof."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
As Third Party in interest, the International Brotherhood of Boilermakers and Blacksmiths was ad
not to file a Submission with the Division.
Form 1 Award No. 26826
Page 2 Docket No. MW-26049
88-3-84-3-413
On December 22, 1982, and subsequent thereto, Carrier used a Mechanical Department Blacksmith to
such as cranes, trucks, forklifts and wheel cranes. On December 28, 1982,
Carrier used Bridge and Building Department employees to replace wheels on a
motorized track car. The Organization filed two separate claims on behalf of
a furloughed Work Equipment Repairman contending that he should have been used
to complete this work. The letter covering the December 22, 1982, incident
did not cite a single rule in support of the claim. The letter covering the
December 28, 1982, incident cited Rule 40 as being violated. Letters of
appeal did not specifically identify any rules of the Agreement as being
involved. When the matter was being handled on the property, Carrier observed
that the Organization had failed to cite a rule as being violated in the first
claim and that it failed to establish any rule support for the alleged
violations in both claims.
After carefully reviewing all of the material in this matter, we
must conclude that, with the exception of a passing reference to Rule 40, the
Organization, on the property, failed to cite any rules in support of its
claim that work of the furloughed Work Equipment Repairman was improperly
assigned. For the first time in its Submission before this Board, it relies
on Rules 1, 3 and 36 as being involved. It does not mention Rule 40 anywhere
in its Submission. We have often held that such defects preclude our consideration of the Organizati
stated:
"The employees have the responsibility and burden to cite the rules and agreement language
relied upon during handling on the property.
This, of course, is a fundamental due process
right of the other party, and where the rules
are not cited, discussed, or in some way stated
on the property, the omitted rules cannot be
supplied for the first time in the submission of
claim to this Board."
We must, therefore, conclude that the claim is not properly before
this Board. For similar rulings, see Third Division Awards 15835, 19857,
19858, 19902, and 19970.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
A t to s
d5~~
Nancy J. ~r/er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.