PUBLIC LAW BOARD N0, 1$38
Parties Brotherhood of Maintenance of Way Employees
to
Dispute
Statement
of
Claim
and
Norfolk and Western
MW-WI-78-18 - Claim
M. W.
R. D.
P. A.
J. 0.
J. W.
A. A.
E. G.
J. W.
W. B.
MW-WI-78-19 -
MW-WI-78-20 -
MW-WI-78-21 -
MW-WI-78-22 -
Award No. 54
Docket MW-WI-78-18
MW-WI-78-19
MW-WI-78-20
MW-W!-78-21
MW-WI-78-22
Railway Company
on behalf of:
McGuire, Second Grade Carpenter
Cochran, Second Grade Carpenter
Rasnake, Carpenter Helper
Kitts, Cook
Cecil, Carpenter
Lowe, Second Grade Carpenter
Ritchie, First Grade Carpenter
Perry, Carpenter
Belcher, Carpenter
Claim on behalf of:
J. A. Wilson, Painter
C. F. Clay, Painter
C. Blakeley., Painter
Claim on behalf of:
W. A. Mitchell, Mason Cook
J. H. Stevenson, Mason Helper
R. A. Ball., Second Class Carpenter
C. E. Hoops, Second Class Carpenter
T. Daniels, Mason Helper
G. Jessee, Jr., Mason
S. G. Evans., Mason Foreman
G. F. Fife, Mason Helper
J. B. Robinette, First Class Carpenter
Claim on behalf of:
K. Goins, Third Rate Carpenter
D. K. Matney, Mason
Claim on behalf of:
C. H. Kitts, Carpenter
M. G. Thompson, Carpenter
Award No. 54 -'PLB 1838
Page 2
Findings The Board, after hearing upon the whole record and all
evidence, finds that the parties herein are Carrier
and Employee within the meaning of the Railway Labor
Act, as amended, that this Board is duly constituted
by Agreement dated March 1, 1976, that it has jurisdiction
of the parties and the subject matter, and that the
parties were given due notice of the hearing held.
The instant five disputes involve some twenty-five Claimants
who were employed on.Carrierts Focohontas Division.
They were members of Carpenter, Mason or Paint Gangs
performing essentially maintenance work within their
various work classifications. Said Claimants were furloughed
as a result of a protracted strike in the coal industry
occurring between December 1977 and March 1978 which
had caused a strong decline in Carrier's business and
a loss of approximately 104 million dollars in revenue
to Carrier.
Carrier's yard and terminal facility located at Williamson,
West Virginia, was completely inundated by a major flood
of the Tug River in April of said T977. Said flood
caused extreme damage to the buildings and trackage
in the area. As a result thereof it became necessary
to replace the heating systems in most of the buildings
in Williamson Yard. Hence, since company forces did
not possess the skills or expertise to accomplish a
project of this magnitude, the Mechanical Construction
Company of Cbillicothe, Ohio, was engaged to install
Award No. 54 - PLB 1838
Page 3
the new heating system.
The organization, other than asserting that "holes were
drilled through the roof on the river side of the roundhouse
for brackets to carry pipe for the new heating system
being installed", offered no indication of what precise
work that they were claiming which belonged exclusively
to Claimants. Further, the organization failed to stipulate
what contractual provisions they were proceeding under
in furtherance of their claim for three months pay for
said twenty-five Claimants,
The Board in such circumstance finds that the claims
as made are too vague, indefinite and so lacking in
specif icicity that they fail to state a cause of action
upon which a decision could be reached. Hence, they
are dismissed accordingly. See, among others, Third
Division Awards 13741 (Dorsey), 19960 (Lieberman) 17740
(McCandless) 19833 (Sickles) and 20131 (Dorsey. The
essence of such Awards is that the burden of establishing
all of the essential elements of a claim must be met
by the petitioner, that the claims must be specific
and that the Carrier is under no obligation to develop
the claim for the petitioner that when, as here, no
data is furnished as to how Claimants were affected,
nor as to what duties were performed improperly or when
they were performed. The Board, in the absence of some
specifics, is unable to.adjudicate the merits.
Award No. 54 - PLB 1838
Page 4
We find such enunciated position to be sound. In the
circumstances these claims will likewise be dismissed.
Award Claims dismissed,
A. D. Arnett, Employee Member E. N. Jac s,Jr.Carri Member
Arthur T. Van, Wart, Chairman
and Neutral Member
Issued at Falmouth, Massachusetts July 22, 1981.