Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28249
THIRD DIVISION Docket No. MW-27549
90-3-87-3-134
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (Seaboard System Railroad)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Career violated the Agreement when it refused to allow the
members of Extra Forces 6T12 and 6T04 meal and lodging expenses or per diem
allowance beginning on or about November 19, 1984 (Extra Force 6T12) and
August 27, 1984 (Extra Force 6T04) (Carrier's Files 85-309 and 85-338).
(2) Chief Engineering Officer R. E. Frame failed to disallow the
claim (appealed to him under date of September 7, 1985) as contractually
stipulated within Sections 1(a) and 1(c) of Rule 40.
(3) As a consequence of either or both (1) and/or (2) above
' . the men of 6T12 seek remedy equal to
the amount of lodging plus per diem allowance paid to other floating forces (i.e.
forces not assigned a cook or cooking
facilities)."
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.
Form 1
Page 2
Award No. 28249
Docket No. MW-27549
90-3-87-3-134
Prior to consideration of the substantive merits of the Claims involved in this Docket we must f
intermediate appeal level, thus the Claims are payable by default. The
Carrier argues that appeals at the intermediate level, as well as subsequent
appeal to its highest designated officer handling claims under the Railway
Labor Act, was outside the usual manner for handling such matters; thus, the
Claim presented to this Board is procedurally defective and beyond our scope
of consideration.
Review of the correspondence exchanged on the property leaves no
doubt that deviations from usual and customary appeals procedures occurred
after the original Claims were denied by Carrier's Division Engineer on July
15, and September 16, 1985. For example, the Division Chairman appealed directly to Carrier's Chief
"Historically and traditionally all claims
and/or grievances handled with the Chief
Engineering Officer's level are handled by
the Federation's General Chairman."
Further appeal was taken, by the Division Chairman, directly to
Carrier's Director of Labor Relations who responded with an uncontradicted
statement that:
"The claims which you are attempting to appeal
to this office have not been handled in accordance with the mandatory requirements of 45 USC
153, First (i) of the Railway Labor Act and the
Grievance Handling Rules of the Schedule Agreement which require claims to be appealed by the
duly authorized representative of the employees
-- the General Chairman."
Also, Appendix F to the Agreement (a letter discussing claims handling procedures) can, with an
a conclusion that all appeals made to Carrier's highest designated officer,
come from the General Chairman.
Accordingly, we view the appeal made to Carrier's Director of Labor
Relations to be flawed. Therefore, we cannot resolve the substantive merits
of the matter. The Claims will be dismissed.
A W A R D
Claim dismissed.
Form 1 Award No. 28249
Page 3 Docket No. MW-27549
90-3-87-3-134
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 1st day of February 1990.