NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION




PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES


THE KANSAS CITY SOUTHERN RAILWAY COMPANY

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that-


"(a) The Carrier has violated and continues to violate the current agreement by re-establishing the position of Assistant Accountant, rate $5.80 per day (later increased to $6.09 per day, retroactive to date re-established), effective October 2nd, 1939,, in the Local Freight Office at Shreveport, La. This position was formerly worked in this office and at the time it was abolished paid a rate of $6.56 per day; at the same time the position of Accountant paid a rate of $6.89 per day, or a differential of 33 cents per day. Various increases have raised the rate on the Accountant position to $7.69 per day and had the Assistant Accountant position been worked up to the present time it would pay $7.36 per day, the differential in the rates being the same.


"(b) That the Carrier shall now be required to establish the rate of
$7.36 per day on the position of Assistant Accountant, retroactive to Octo
ber 2nd, 1939; · and to compensate employes for all wage losses suffered as a
result of the Carrier's violation of our agreement."

EMPLOYES' STATEMENT OF FACTS: "Effective with October 1st, 1939, the Louisiana and Arkansas Ry. Co. closed their Local Freight Office and Warehouse in Shreveport, Louisiana, and all work formerly done in their Office and Warehouse was taken over by the Kansas City Southern Ry. Co.


"A 'Memorandum of Understanding' (copy of which is attached to and made a part of this submission) governing the operation of the coordinated Offices and Warehouses of the Kansas City Southern Ry. Co. and the Louisiana and Arkansas Ry. Co., effective October 1st, 1939 was signed on September 22nd, 1939, by the representatives of the interested Carriers and of the Brotherhood.


"Section 3 of this 'Memorandum of Understanding' reads as follows:

`3. It is understood that the coordinated operation will be under the supervision of the Kansas City Southern, and covered by the agreement between the Brotherhood of Railway Clerks and the Kansas City Southern, except as herein specifically set forth, and as otherwise provided for under the terms of the Washington Agreement; it being understood that the terms and c8nditions of the Washington Agreement shall apply to all employes affected by this coordination.'



1154'-12 53

"General Chairman Moore in the tabulation accompanying his letter of October 22, 1939, stated the rate should be $5.69 per day.


12. Steno-Clerk, $4.61 per day. Rate Proposed, $5.44 per day.

"The L. & A. rate for Steno-Clerk prior to coordination was $4.39 per day. The retroactive wage adjustment made by the L. & A. brought this rate up to $4.61. The position of Steno-Clerk under the coordinated arrangement was given the same rate as that of the L. & A. position of Steno-Clerk.


"The duties of this position are practically unchanged by reason of the coordination and there is no justification for increasing the rate of pay.


13. O. S. & D. Clerk, $4.98 per day. Rate Proposed, $5.84 per day.

"The L. & A. rate for O. S. & D. Clerk prior to coordination was $4.74 per day. The retroactive wage adjustment made by the L. & A. brought this rate up to $4.98. The position of O. S. & D. Clerk under the coordinated arrangement was given the same rate as that of the L. & A. position of O. S. & D. Clerk.


"General Chairman Moore in the tabulation accompanying his letter of October 22, 1939, claimed the rate should be $5.44 per day. At no time since then has he contended for the $5.84 rate now claimed.


14. Switching Clerk, $5.50 per day. Rate Proposed, $5.84 per day.

"The L. & A. rate for Switching Clerk prior to coordination was $5.24 per day. The retroactive wage adjustment made by the L. & A. brought this rate up to $5.50. The position of Switching Clerk under the coordinated arrangement was given the same rate as that of the L. & A. position of Switching Clerk.


"There has been little or no change in the duties of this position and there can be no reasonable justification for increasing the rate of pay.


"As to each and every one of the claims, the Carrier contends that the National Railroad Adjustment Board is without jurisdiction for reasons hereinbefore set forth."


There is in evidence an agreement between the parties bearing effective date of June 16, 1937.


OPINION OF BOARD: This case is governed by the Opinion in CL-1241, Award No. 1151, and is disposed of accordingly.


FINDINGS: The Third Division 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 employes involved in this dispute are respectively carrier and employes 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 the current agreement was not violated.



Claim dismissed.




ATTEST: H. A. Johnson
Secretary

Dated at Chicago, Illinois, this 30th day of July, 1940.