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: Claimant Sowers is a Clerk in the employ of the Carrier at Spencer, North Carolina. His seniority date is December 9, 1937, and his regularly assigned position is Train Clerk, hours of assignment 3:00 P. M. to 11:00 P. M. Claimant's rate of pay is $12.18 per day.
On March 26 and 27, 1951, Claimant Sowers was not permitted to perform the duties of his regularly assigned position but instead, was required by the Carrier to perform the duties and assume the responsibilities of Assistant Chief Caller, the regularly assigned Assistant Chief Caller being absent. The duties of Claimant Sowers' position were performed by an extra Board employe.
Copies of correspondence in connection with claim are attached hereto and identified as Employes' Exhibits "A" through "J" inclusive.
POSITION OF EMPLOYES: There is in evidence an amended Agreement between the Parties bearing effective date of October 1, 1938, from which the following Rules or Sections of Rules are quoted for ready reference:
dispute; that it is not the Board's function to make rules for the parties, or to change or set aside existing rules.
The carrier has shown (1) that claimant was used and compensated as provided in the effective clerical agreement, (2) that the rules cited by the Brotherhood were not violated, are not applicable in cases where the carrier rearranges the force when temporary vacancies occur, and (3) that Board awards cited by the Brotherhood in the handling of this case on the property involves rules different from those in effect between the parties to this dispute and do not support the claim. For the reasons stated, the claim should be denied in its entirety and carrier respectively requests that the Board so hold.
All pertinent facts and data used by the carrier in this case have heretofore been made known to the Brotherhood representatives.
OPINION OF BOARD: This is a companion case to that involved in Award No. 6819. For the reasons stated in our Opinion and Findings in that Award, we find that this claim should be denied.
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, find 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