NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Dudley E. Whiting, Referee
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Clerks' Agreement, effective July 16, 1951, particularly Rules 55, 56 and 57 thereof, when at the close of business Friday, September 14, 1951, it discontinued position designated as "General Utility Calculator", rate $14.46 per day, hours 8:30 A. M. to 1:00 P. M. and 2:00 P. M. to 5:30; P. M., Monday through Friday, occupied by Mr. N. R. Stanley in the Auditor of Freight Receipts Office at Wilmington, N. C., and concurrently therewith created a new position in that same office under the title of "Govern. ment Calculating Machine Operator, Desk 107;" covering relatively the same class of work, at the same rate of pay, with the same hours of service and same assigned days per week.
EMPLOYES' STATEMENT OF FACTS: January 16, 1951, the Carrier created a new position designated "General Utility Calculator" in the Auditor of Freight Receipts Office at Wilmington, N. C., which was assigned to Mr. N. R. Stanley, January 26, 1951, as evidence by Carrier's Bulletin (Exhibit No. 2703) copy of which is attached as Employes' Exhibit No. 1.
Prior to September 14, 1951, the date the violation here complained of occurred, the position of "General Utility Calculator" had a full eight hours of work each work day, as follows:
OPINION OF BOARD: This claim is based upon an alleged violation of Rule 77, which provides:
The principal contention being that the position of General Utility Calculator was discontinued and a new position titled Government Calculating Machine Operator, Desk 107, was created to evade the application of Rule 55, which provides:
From the evidence submitted, it appears that the Carrier could have properly required the performance of overflow work from the Government Accounts position by the General Utility Calculator position so that no overtime work was necessary. Hence we cannot say that the purpose of the Carrier's action was to evade the application of the overtime rules. Upon this record it would appear that the purpose of such action was to avoid an argument with the employes about the propriety of assigning the work involved to the General Utility Calculator position. Thus it does not appear that the action taken violated Rule 77, so the claim is without merit.
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