SPECIAL BOARD OF ADJUS'.Ci,~'ENT NO. 605
PARTIES ) The Delaware and Hudson Railroad Corporation
TO
Ties
) and
DISPUTE:) Brotherhood of Maintenance of t,Tay Employer
QUESTION Contention of the Employer that the carrier is
AT ISSUE: in violation of the provisions of Article IV,
Section 6, of the February 7, 1905 Agreement
because of its failure and refusal to provide representa
tives of the employer with lists of protected employes and
other pertinent information as required by said section 6
of Article IV and specifically by Question and Anscaer No. 2
on page 15 of the mimeographed Interpretations of November 24,
1965.
OPINION Carrier provided the Employer on March 1, 1966 with
OF BOARD: lists of protected employees. To that extent ii
clearly complied with the requirements of the Agreement of February 7, 1965, and Question No. 2 on page 15 of the
Interpretations dated November 24, 1965.
Carrier has not provided the "other pertinent information" which was requested by the Employer. In his letter of
March 7, 1966, acknowledging receipt of the lists supplied by
Carrier on March 1, the General Chairman also requested such
data as the number of days worked in 1962, 1963, and 1964, as
well as rates paid and compensation received in 1904. Such
information on all employees is not required either by the
Agreement or by the Interpretations.
Question No. 2 on page 15 of the Interpretations
provides that "in individual cases as they arise, the carriers
vrill, on request, furnish information showing the normal rate
of compensation..." However, the General Chairman was not
making a request of Carrier for information in individual cases,
but in the cases of all employees "represented by our Brotherhood."
Had the parties to the Agreement meant to require the
Carriers to provide such information for all employees in its
employ, they would not have restricted it to "individual cases
as they arise." Instead, and for presumably cogent reasons,
the burden of supplying information on compensation was placed
upon the Carriers only where specific claims were made by
individuals.
AW,1?,D NO. GS
Case No. ELI-5-1:
Neither the Agreement nor"the interpretations can
be stretched to encompass that which the Employes see7: to
obtain in this case.
AWARD
Claim denied.
~~''~uC-~-
MiltV/~edman, Referee
Washington, D. C.
May 9, 1969