NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
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, that the Carrier violated the Clerks' Agreement:
1. When on May 2, 1945, Crew Caller Hazel H. Flanagan, at Omaha, Nebraska, was absent from her position during the hours of 12:00 Midnight to 8:00 A. M., rate $5.16 per day, account death of a relative and Carrier failed and refused to permit an employ listed on the Seniority Roster, who was available, ready and willing to perform the work, to do so and be paid for same but instead removed the work out from under the scope and operation of the Clerks' Agreement and utilized a Mechanical Laborer, namely Margie John, an employe covered by the wage agreement of another craft to perform same.
2. That Crew Caller Mary A. Stanford, who was regularly assigned as Crew Caller, 4:00 P. M. to 12:00 Midnight, rate $5.16 per day, be paid 8 hours at rate of time and one-half time-eight hours at $.9675-$7.74, account Carrier's actions in violation of the Agreement.
EMPLOYES' STATEMENT' OF FACTS: The force of clerical workers, employes covered by the scope and operation of the Clerks' Agreement, employed at the Roundhouse Office, Omaha, Nebraska, on and prior to March 1st, 1945, and subsequent to March 3, 1945, their classification rate of pay, regular hours of service assignment and seniority date as listed on the Superintendent's Clerks' Seniority Roster, Groups 1 and 2 of the Omaha-Northern Kansas Divi- sion was as follows:
cation in the matter in dispute and believes that it has conclusively established that the complaint and claim in this docket are without basis or merit and therefore should be denied.
OPINION OF BOARD: On May 2, 1945, Crew Caller Hazel H. Flanagan was absent from work because of the death of a relative. An employe subject to the agreement of another craft, but holding no seniority under the Clerks' Agreement, was called to fill the position. Claimant, an employe under the Clerks' Agreement, contends she was wrongfully deprived of the work and makes claim therefor.
There were no extra or furloughed employes available to perform the work. We have many times held that carriers not properly use employes or others not covered by the applicable agreement to perform the work of employes within the agreement to the detriment of the latter. Awards 2071, 2387, 2686 and 3193. Claimant is clearly entitled to an affirmative award for the time lost at the rate the absent employe would have received had she performed the work. Award 3193.
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
Claim (1) sustained. Claim (2) sustained to the extent shown by the Opinion.