NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
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 National Wage Agreement of March 1, 1951, when it fails and refuses to increase the rates of pay of all employes covered by the Clerks' Agreement, in the amount of 121%c per hour effective February 1, 1951 and 6c per hour effective April 1, 1951, and,
That the Carrier shall now increase rates of pay of all employes covered by the Clerks' Agreement in effect on January 31 1951, those amounts provided for in the National Wage Agreement dated March 1, 1951, and specifically those whose rates of pay were not increased in accordance with the Agreement, and
That the Carrier shall make such increase retroactive to February 1, 1951, and April 1, 1951, as required by the Agreement, and,
That Carrier shall compensate employes affected for wage loss sustained by reason of its failure to properly apply the National Wage Agreement effective Mar. 1, 1951, and for any subsequent changes made unilaterally by the Carrier adversely affecting the rate established by the National Wage Agreement of March 1, 1951 (NWA-1950).
EMPLOYES' STATEMENT OF FACTS: Certain employes, generally designated as X-1 and X-2 positions, covered by the Clerks' Agreement dated July 1, 1945, were given voluntary increases in their basic rates of pay effective December 1, 1950 .
March 1 1951, a National Wage Agreement was completed which provided under Article I that all hourly, daily, weekly, monthly and piece-work rates of pay for all employes covered by the Clerks' Agreement were to be increased, effective February 1, 1951, in the amount of 121/zc per hour. The Carrier failed and refused to increase the rates of certain employes covered by the Clerks' Agreement by adding to the rates of pay in effect on Jan. 31
1951 the 121/zc provided for in the National Wage Agreement. In lieu of the 121/zc per hour the Carrier increased the rates of pay by the difference between the voluntary adjustment made on Dec. 1, 1950, and $21.17, which represents the monthly increase, based upon 1691% hours at 12%c per hour.
As a result of the approval by the Wage Stabilization Board of the March 1, 1951, National Wage Agreement permitting increases up to 10%
case before the Third Division for determination, hence the lack of precedent to be followed by your Honorable Board.
The Carrier has established that there has been no violation of the applicable Agreement or interpretations thereof. There has been no violation of the National Wage Agreement dated March 1, 1951.
For the factual reasons stated herein the Carrier respectfully submits that your Honorable Board should dismiss the claim of the Employes in this matter.
OPINION OF BOARD: This case is concerned with a claim of the System Committee of the Brotherhood wherein it is contended that the Respondent Carrier violated the National Wage Agreement of March 1, 1951, with respect to the way in which the wage increase provisions of the Agreement were applied to occupants of what are known as Rule 1, X-1 and X-2 positions. These positions are exempt from certain rules of the regular schedule of Agreement between the parties. However, it is conceded that they were subject to the wage increase provisions of the National Wage Agreement dated March 1, 1951. Therefore the dispute presently before the Division in the instant case is not concerned with whether or not X-1 and X-2 positions were subject to the wage increases provided in the National Wage Agreement. Rather, the dispute is concerned with the issue of whether or not the adjustments in rates of pay for X-1 and X-2 positions were made in accordance with the requirements of the National Wage Agreement.
Briefly stated the essential facts are as follows: On October 25, 1950 the Organization served notice upon the Carrier of its desire to increase existing rates of pay by twenty-five cents per hour. The wage demand was disposed of by National handling which culminated in the National Wage Agreement of March 1, 1951. While this wage demand was under consideration the Carrier unilaterally increased rates of pay for occupants of X-1 and X-2 positions on or about December 1, 1950. The National Wage Agreement of March 1, 1951 provided in part:
It is the contention of the Carrier that the increases given X-1 and X-2 positions on December 1, 1950 were interum increases in anticipation of increases finally agreed to in the National Wage Agreement of March 1, 1951. Therefore, it is contended that the Carrier was entitled to credit the increases given on December 1, 1950 against the adjustment due as a result of the National Wage Agreeemnt. In other words, the Carrier argues that the proper base rates for X-1 and X-2 positions to which the increases provided in the National Wage Agreement should be applied were those obtaining prior to the increases of December 1, 1950, rather than those rates obtaining on February 1, 1951.
The Organization contends that under the terms of the National Wage Agreement the Carrier was obligated to use the rates in effect on January 31, 1951 as the base rates to which to apply the increase provided in the National Wage Agreement. It is pointed out that the National Wage Agreement makes no exceptions whereby such increases as those given to X-1 and X-2 positions on December I, 1950 could be credited against the increases provided in the National Wage Agreement. The Organization contends that the action of the Carrier in crediting the December 1, 1950
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