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 rate of $5.69 per day shall be established and maintained on vosition of Abstract Clerk Shreveport, La., consolidated Freight Office in ,eof rate of $4.70 per day (rate ajusted to $4.94 per day), retroactive to October 2nd, 1939."


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


"This position was formerly worked in this office and at the time it was abolished paid a rate of $5.05 per day; had the position remained working up to this time, various general wage increases would have made the rate $5.69 per day.


"At the tixxle this position was re-established the abstract work was done mainly by 'General Clerks,' rated at $5.54 per day. A considerable part of the abstract work is at present handled by General Clerks at that rate of pay.


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


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

`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 conditions of the Washington Agreement shall apply to all employes affected by this coordination."'


CARRIER'S STATEMENT OF FACTS: "Attached hereto marked Exhibit 'A' is copy of Notice of Coordination dated June 13, 1939, posted in the local freight offices and warehouses of The Kansas City Southern and



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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 0. 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 here
 inbefore 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 employe involved in this dispute are respectively
 carrier and employe within the meaning of the Railway Labor Act, as ap
 proved 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.
 AWARD