SPECIAL BOARD OF ADJUSTMENT NO. 605
PARTIES ) Chicago, Milwaukee, St. Paul and Pacific Railroad Company
TO THE ) and
DISPUTE ) Brotherhood of Railroad Signalmen
ISSUE IN Claim of the General Committee of the Brother
DISPUTE: hood of Railroad Signalmen on the Chicago,
Milwaukee, St. Paul and Pacific Railroad company
that:
(a) Carrier violated the August 21, 1954
Agreement and the Mediation Agreement
dated February 7, 1965, when it failed to
give sixteen hours notice of job abolish
ment and it also violated the same agree
ments as the work normally performed by
these employees could have been performed.
(b) Carrier violated the August 21, 1954
Agreement when Mr. D. L. Wylie failed within
si;:ty days of September 15, 1967, and pre
viously, to either approve or disapprove of
individual time claims which had been sub
mitted to him by crewmen from Lines East.
(c) Carrier be required now to pay Messrs.
W. L. Stewart, C. J. Siewert, R. C. Larsen,
L. M. Nadeau, I3. L. Wolfe, R. H. Schuth,
J. J. Jameson, D. 14. Schurhammer, B. R.
Lundberg, J. J. Pillard, J. R. Burress,
K. W. Fales, J. L. Shaefer, T. B. Shaw,
J. P. Fahey, J. L. Kreye, R. M. Roth, R. L.
Riester, F. X. Marien, and P. L. Tocke eight
(8) hours at their, straight-time rates account
of the above violations.
OPINION This Committee has heard and decided issues
OF BOARD: involving the proper handling if claims on the
property. In those cases, however, the procedural
questions were intertwined with a substantive issue arising under
the February 7, 1965, Agreement.
AWARD NO.
Case No. SG-28-W
In the case before us the Employes have simultaneously submitted the procedural issue to the Third Division,
lest it find itself in the wrong forum and thereafter foreclosed from initiating a proceeding in the right one. The
claims do a11ec_a a violation of the February 7, 1965, Agreement. But the substantative question has become bottomed
exclusively on the procedural. According to the Employes'
submission, carrier failed to respond to the claims within
the 60 days required by Article V of the August 21, 1954,
National Agreement and therefore is required to allow them.
It is undisputed that Carrier did not respond within 60 days
of the alleged filing. Carrier's defense is that Claimants
failed to file with the proper officer authorized to receive
claims in the first instance, it never received them, and
therefore they must be disallowed.
If the Employes prevail on the procedural issue,
carrier must allow the claims pursuant to Article V 1(a) of the
1954 Agreement, regardless of their merits. If carrier prevails
bc<_uuse the claims were not filed properly within 60 days of the
occurrence, then similarly the claims are barred. In either
event application of Article I, Section 4, of the 1965 Agreement is not required in order to resolve the dispute.
Only this Committee can interpret and apply the
February ,7 Agreement. But this Committee has no jurisdiction
over other agreements. The Third Division is the proper forum
for a claim which can be disposed of solely by reference to the
August 21, 1954 Agreement and it is therefore referred to that
body without further action.
A W A R D
Claim referred to the Third Division
for disposition under the August 21,
1954, Agreement.
oieaman
/ G ,r
Neutral Member
Washington, D. C.
January a,b , 1970
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