BEFORE PUBLIC LAW BOARD N0. 4278
BROTHERHOOD RAILWAY CARMEN OF THE
UNITED STATES AND CANADA
and
GREEN BAY AND WESTERN RAILROAD COMPANY
Case No. 1
Dispute: Claim of Employees:
1. That at the Green Bay departure yard on February 17, 1986, the
Green Bay and Western Railroad Company violated the controlling
agreements when they assigned train crew members, other than
Carmen, to inspect, couple the air, and test the air, on trains
departing from the Green Bay departure yard after annulling the
carman's position on that shift, leaving Carman Ivan Grove off
due to being deprived of his work.
2. That Carman Ivan Grove be compensated in the amount of eight
hours pay at the rate of 19.89 per hour, for the date of
February 17, 1986, in which the Carrier violated the agreements
and assigned the train crews to the Carmens work on February 17,
1986.
Findings:
February 17, 1986, Washington's birthday, was observed as a
holiday 'by Carrier; on that day, no car inspector was on duty at
Norwood Yard, which is within the Green Bay Yard Limits. On the date
in question, Carrier assigned train crews to insect, couple air hoses,
and test air brakes on trains within the Green Bay departure yard.
The parties are i.n dispute as to whether said trains left the
departure yard or only moved within the yard's limits. The
Organization thereafter filed a claim on Claimant's behalf, asserting
that Claimant had been deprived of the disputed work.
Before reaching the merits in this case, this Board must be
absolutely certain that the parties have complied with the procedural
requirements set forth in their agreement and in the applicable
rules. As the Organization has pointed out, Circular No. 1, setting
forth the rules and procedures of the National Railroad Adjustment
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Board, requires that all submissions setting forth the position of the -
Carrier "must be signed by the parties submitting the same."
In the case at hand, the Carrier's submission was not executed;
and for that reason alone, the claim must be sustained. It is not
necessary for this Board to reach the merits of the dispute since the
claim was never appropriately responded to and, therefore, must be
granted. (See Third Division Awards 23283 and 23170.)
Award:
Claim sustained.
. I
1 Neutral Member
Cc
arri Member rganization Member
Date:
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