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Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29462
THIRD DIVISION Docket Yo. MW-29480
92-3-90-3-410
The Third Division consisted of the regular members and in
addition Referee Hugh G. Duffy when award was rendered.
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard System Railroad)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned AtlantaWaycrose Division Group A Machin
the Raleigh-Rocky Mount Division in the vicinity of the Hamlet Terminal beginning May 15, 1989 and c
(2) As a consequence of the aforesaid violation, Mr. B. C. Steen
shall be allowed two hundred eighty (280) hours of pay at the Group A Machine
Operator's rate."
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.
Before considering the merits of this dispute, the Board first must
deal with a procedural objection raised by the Carrier. In its denial letter
of November 6, 1989, the Carrier asserted that the claim:
... has 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 requires claims
to be appealed by the duly authorized representative
of the employees-the General Chairman. *** Your
attempt to progress the aforementioned claim in lieu
of the General Chairman deviate from the usual and
customary manner prescribed, and as such are barred
from further consideration by this office."
Form 1 Award
No.
29462
Page 2 Docket
No.
MW-29480
92-3-90-3-410
We find Third Division Award 28249 involving the same issue between
the parties to be controlling precedent in this matter. In that case, as in
the present one, the claim was appealed to the Carrier's Director of Labor
Relations by the Division Chairman. The Board concluded that the appeal was
procedurally flawed since it did not come from the General Chairman as was the
usual and customary procedure on the property.
As stated in Second Division Award 12139:
"It is established in this industry, that we
should not disturb the findings of a prior Award
which resolves a dispute between the same parties
concerning the same issue, unless the prior finding
is palpably erroneous. This is the case even if the
second Award might have reached a contrary result had
we heard the case in the first instance. The stated
concept is geared to insure a predictability in the
resolution of labor-management disputes."
We cannot find that the cited Award is palpably erroneous since it
finds basic supeort in Appendix F to the Agreement, a letter dated February
23, 1977 discussing claims handling procedures betwe.·i the parties. Accordingly we cannot re
4 W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J.
400
r - Executive Secretary
Dated at Chicago, Illinois, this 7th day of December 1992.