Award No. 3157
Docket No. CL-3067
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
MISSOURI PACIFIC RAILROAD COMPANY
Guy A. Thompson, Trustee
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes on the Missouri Pacific Railroad Company that the
Carrier violated the Clerks' Agreement:
1. When on November 12th to 19th inclusive, 1944, it failed and refused
to release Clerk H. C. Housley from position of Yard Clerk, Van Buren, Ark.,
rate $6.56 per day, hours 4:00 P. M. to 12:00 midnight, and permit him to go
to his regular assigned position of yard clerk at Ft. Smith, Ark., rate $6.41
per day, hours 8:00 A. M. to 12:00 noon-1:00 P. M. to 5:00 P. M., six days per
week, to which position he was assigned on November 11th, 1944, per Superintendent's Bulletin No. 88-A dated November 11th, 1944, but instead held him
at Van Buren, Ark. and required him to work 4:00 P. M. to 12:00 midnight
on each of the dates shown.
2. That Clerk H. C. Housley shall be compensated the difference in
amount of $55.76 paid him by the Carrier and the amount he should have
been paid:
(a). Eight hours at time and one-half at the rate of $6.56 per
day for work performed at Van Buren, 4:00 P.M. to 12:00 midnight,
on each of the two Sundays, November 12th
and 19th, 1944, or $9.84
per day-twice $9.84 equalling $19.68;
(b). Eight hours at pro rata rate of $6.41 per day of the regular assignment at Ft. Smith, Ark., less one hour, (period 4:00 P. M.,
to 5:00 P. M.-amount 80¢) for Monday, November 13th; Tuesday,
November 14th; Wednesday, November 15th; Thursday, November
16th; Friday, November 17th and Saturday November 18th ....$33.60
NOTE: Eight hours at pro rata rate of $6.41 for his regular
assignment at Ft. Smith, Ark., 8:00 A. M. to 12:00 noon1:00 P. M. to 5:00 P. M., less one hour (period 4:00 P. M. to
5:00 P. M., or 800) reducing the net amount which is due him
for each such days in this phase of the claim to $5.60 per day
account working during that hour at Van Buren as result of
the Carrier's action in holding him off his regular assigned
position and prohibiting him from working same. (See claim
(b) of Employes' Exhibit "L").
[3877
3157-2
388
(c). 82¢ per hour for the period 4:00 P. M. to 5:00 P. M., each
of the days of November 13, 14, 15, 16, 17, and 18th, (one hour pro
rata rate of $6.56 per day) $ 4.92
(d). Seven hours at $1.23 per hour, 5:00 P. M. to 12:00 midnight, or $8.61 per day for each day November 13, 14, 15, 16, 17
(See claim (d) of Employes' Exhibit "L").
Total
.................. $
109.86
Less the amount paid Clerk Housley by the Carrier. as follows:
Sunday -November 12th, . . . . . . . . . . $ 6.56
Monday --November 13th, . . . . . . . . . . $ 6.56
Tuesday -November 14th, . . . . . . . . . . $ 6.56
Wednesday -November 15th,
$
9.84
Thursday -November 16th,
$
6.56
Friday -November 17th, . . . . . . . . . . $ 6.56
Saturday -November 18th, . . . . . . . . . . $ 6.56
Sunday -November 19th, . . . . . . . . . . $ 6.56
TOTAL AMOUNT CLAIMED $54.10
NOTE: See summary of claim following claim (d) in Employes' Exhibit "L".
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 respec-
tively 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;
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by complainant party; and
That hearing thereon has been held and concluded. Under date of March
15, 1946, the parties jointly advised the Secretary of the Third Division of
their desire to withdraw it from further consideration by the Division, which
request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: H. A. Johnson
Secretary
Dated at Chicago, Illinois, this 28th day of March, 1946.