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:




EMPLOYES' STATEMENT OF FACTS: Claimants are regularly assigned Group 1 employes employed in and holding seniority in seniority district comprising Office of Assistant Auditor, Atlanta, Georgia Their seniority dates, assignments and rates of pay are as follows:











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All relevant facts and arguments involved in this dispute have heretofore been made known to employe representatives.


OPINION OF BOARD: The submission of the Carrier contains the following statement:



The Carrier then contends that it nevertheless had the right to use extra clerks to fill new positions if bulletined and that claimants suffered no monetary loss.


Under the agreement, Rule 4(g), preference for extra clerical work must be given to available qualified furloughed employes and, Rule 4(g) (10), when lists of furloughed employes are exhausted "extra clerks may be employed." Rule 4(h) then provides as follows:



Thus under the rules, where no furloughed employes are available and extra clerical work is required, the Carrier map employ extra clerks for "one day or more" with the proviso that if used on the same position for "four days or more for two consecutive weeks" a regular psition shall be established. Since Carrier concedes that such a position, when established, must be bulletined, the effect of failure to do so is that thereafter work has been given to one not entitled to it under the agreement, which we have consistently held validates a claim of pay for one covered by the agreement with a seniority status entitling him to the work.


Thus we find that, since Carrier had a right to employ extra clerks on the same position for two consecutive weeks of four days or more before it was required to establish a new position requiring bulletin, the claim is valid for all days worked by such extra clerks thereafter and to that extent will be sustained.


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







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ATTEST: (Sgd.) A. Ivan Tummon
Secretary

Dated at Chicago, Illinois, this 31st day of March, 1554.