BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: "Claim of the Terminal Board of Adjust. ment, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes that:
EMPLOYES' STATEMENT OF FACTS: "On November 3, 1938, the following bulletin was issued by Chief Yard Clerk Dolson:
"The position of yard clerk on the third shift at Main and O'Fallon has been held for a number of years by various employes in the Merchants West Side Seniority District but prior to November 3, 1938 the position had never been posted for bid when vacant. This fact was admitted by Chief Yard Clerk Dolson in conference with Superintendent Davis. The practice that was followed by the Management whenever the job at O'Fallon Street was vacant was to permit a yard clerk in this District to transfer to O'Fallon Street and in the transfer to take the rate of pay he was receiving on the job from which he was transferred. By permitting this practice to continue no rate of pay had ever been established for the position. The duties of this position are as follows:
POSITION OF CARRIER: "The duties of the first and third shift jobs at Main & O'Fallon are similar in many respects, so much so that there is no warrant whatever for any difference in the rates of pay. Both men are helpers or assistants under the jurisdiction of the clerk in charge, who makes all the records necessary for the Superintendent, the Superintendent Car Service and the Agent, prepares data demanded by regulatory bodies, prepares and mails all notices to shippers, prepares all expense bills against firms not on the credit list and makes out the night switching rackets. Only occasionally is the third shift clerk required to handle reconsignments or make out notices of inbound shipments received. That work is limited to cars that come in or go out during his tour of duty, very few in number.
"The only new position added in the yard in recent years is that on the third shift, and the wage set is in conformity with the rate of positions of similar class or kind in the seniority district where created. The job was bulletined and bid in at its proper rate of pay and there is no basis whatever for the claim filed."
OPINION OF BOARD: Based on the facts and circumstances presented, the Board is of the opinion that the rate of $5.48 per day, which was paid the occupant of the position of third trick yard clerk at Main and O'Fallon Streets Yard office prior to November 3, 1938, should have been continued after that date.
Occupant of the position in question since November 3, 1938, should be compensated for the days worked the difference between $4.60 and $5.48. per day.
The question of re-bulletining this position should be disposed of by the parties in accordance with the provisions of the agreement.
FINDINGS: The Third Divivsion of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence finds and holds:
That the carrier and the employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That occupant of the position of third trick yard clerk at Main and 0'Fallon Streets Yard office, since November 3, 1938, shall be compensated for the days worked the difference between $4.60 and $5.48 per day; the question of re-bulletining said position shall be disposed of by the parties, in accordance with the provisions of the agreement.