Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28285
THIRD DIVISION Docket No. SG-28466
90-3-88-3-258
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Chesapeake and Ohio
Railroad Company (C50):
Statement of Claim:
(a) Carrier violated the parties' Schedule Agreement as amended, particularly Rules 43, 50 and 5
bulletins and/or awards in accordance with requirements of Rules 43(b)(h)(j),
50(a) and 52(a)(b); and (2) system displacement bulletins in accordance with
the requirements of Rule 43(j).
(b) Carrier comply with time limit provisions of Rules 50 and 52 and
discontinue the practice of post-dating system advertising job bulletins;
(c) Carrier allow employee(s) a seniority date in higher class(es) in
accordance with provisions of Rule 43(j) when applicable. In the event such
position is not advertised and/or awarded in accordance with the time limits
referred to above, such employee to be granted a seniority date in the higher
class(es) accordingly;
(d) Carrier further allow employees awarded system gang positions the
current per diem allowance referred to in Rule 64(f)3.a when the position is
not advertised and/or awarded in accordance with the time limits spelled out
in Rules 50(a) and/or 52(a);
(e) Carrier further allow each employee adversely affected by its violation of the time limits o
day in addition to the per diem allowance referred in paragraph (d) above
until such time limits are complied with; and
(f) Inasmuch as this is a continuing violation, said monetary claim is to
be retroactive 60 days from date of filing and is to continue until such time
as Carrier takes necessary corrective action to comply with violations cited
above.
G.C. file 87-4-CD. Carrier file 15-43 (87-22)."
Form 1 Award No. 28285
Page 2 Docket No. SG-28466
90-3-88-3-258
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.
The Board has carefully reviewed the record progressed by the parties. In essence, what we have
and lacked a sufficient specificity for the Carrier to act upon. Although
correspondence in the record provides some additional clarification as to the
specifics of the initial Claim, and while we understand the arguments made by
the Organization before this Board, we must dismiss the Claim because it was
neither timely filed, nor specific enough for the Carrier to act upon it.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.