NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
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 $5.44 per day shall be established and maintained on position of Steno. Clerk, Shreveport, La. consolidated Freight Office in lieu of the rate of $4.39 per day (Rate adjusted to $4.61 per day), retroactive to October 1st, 1939."
EMPLOYES' STATEMENT OF FACTS: "This position was formerly worked in this office and at the time it was abolished paid a rate of $5.04 per day. Had the position remained working up to this time, the general wage increase of August 1st, 1937 would have made the rate $5.44 per day.
"Effective with October 1st, 1939, the Louisiana and Arkansas Ry. 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 Railway Company.
"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 By. Co. and the Louisiana & Arkansas Ry. Co., effective October 1st, 1939, was signed on September 22nd, 1939, by the representatives of the two interested Carriers and of the Brotherhood.
'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.' 11
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 The Louisiana & Arkansas Railways at Shreveport, La. Copies were sent by registered U. S. Mail to the General Chairmen of the Brotherhood of Railway Clerks of the two roads, and initial conference was held July 12, 1939. Negotiations continued from time to time without reaching an agreement.
"The following notice dated September 3, 1939, was posted in L. & Afreight office and warehouse:
"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.
"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 CL1241, 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 approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and