NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION




PARTIES TO DISPUTE;

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




STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier violated the Clerks' Agreement when on April 3, 1942 it assigned Mr. J. Welsh to vacancy covered by Bulletin No. 20 on New York Terminal Division at Weehawken-Croxton, N. J. instead of A. W. Barber, a senior qualified applicant, and


That A. W. Barber be assigned to the position covered by Bulletin No. 20 and compensated for all monetary loss suffered.


EMPLOYES' STATEMENT OF FACTS: Mr. A. W. Barber, who entered service September 14, 1922, is employed as Foreman at Jersey City, N. J. and is paid $212.60 per month.


On March 18, 1942, position of Assistant General Foreman, WeehawkenCroxton, rate $245.00 per month was advertised under advertisement Bulletin No. 20. Mr. A. W. Barber bid on this position which was assigned to J. Welsh employed as Foreman at Weehawken Docks, who entered service on January 28, 1940.


POSITION OF EMPLOYES: There is in effect an agreement between the parties bearing effective date of September 1, 1936 from which the following rules are quoted.


Rule No. 1 (Scope) reads as follows:

"These rules sholl govern the hours of service and working conditions of the following employes of the Erie Railroad System Lines, subject to the exceptions noted below:


"Group 1. Clerks as defined in Rule 2, including baggage agents, foremen, assistant foremen, receiving clerks, delivery clerks, checkers, flag clerks, ballot collectors, icing inspectors, sectional storekeepers, leading stockkeepers, stockkeepers, chief stocmen, car receivers and checkers (Stores Department), brass checkers (Stores Department), train and engine crew callers, telephone switchboard operators, waybill or ticket assorters, messengers, office boys and others performing similar work."


"Group 2. Station baggagemen, gatemen, ushers, matrons, station, freight house, transfers, pier and warehouse forces, such as callers, loaders, stowers, sealers, coopers, truckers, tractor operators, firemen, car cleaners, mail handlers, janitors, and watchmen not having police



2348-9 368


3. The Memorandum of Understanding September 29, 1941 was intended
 specifically to be applicable to such situations, and when the position was
 bulletined it was shown that the "seniority provisions of the promotion,
 assignment and displacement rules and the basic day and overtime rules
 * * * will not be applicable."

 4. Bulletin covering the new position issued March 18, 1942 included the
 provisions of the Memorandum of Understanding dated September 29,
 1941, and there was no protest concerning this provision of the bulletin
 by the employes, and in the progres's of this claim by the Division Chair
 man and General Chairman they did not at any time question the right of
 the railroad to bulletin under the terms of the memorandum.

OPINION OF BOARD: This case concerns the position of Assistant General Foreman, Weehawken-Croxton, and everything we have said in Docket No. CL-2397, Award No. 2347, with respect to the position of Assistant General Foreman in that case being covered by the current agreements, applies equally in this case.


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


That the location and appointment come under the exceptions to the Scope Rule and are covered by the Memorandum of Agreement made part of the Scope Rule.




Claim denied.


ATTEST: H. A. Johnson
 Secretary