NATIONAL RAILROAD ADJUSTMENT BOARD
A. Langley Coffey-Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Board of Adjustment,
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes:
(1) That Carrier violated Rules of the Agreement effective
July 1, 1942, in establishing the rates of pay for the clerical force
in the newly created office of the Superintendent of Terminals at
Galesburg, Illinois, in November 1947.
(2) That the rates of pay of the involved employes, i.e., occupants of positions designated by payroll records as Chief Yard Clerk
and Stenographer-Bill Clerk be established in conformity with the
Agreement Rules, viz. $13.62 per day for the position of Chief Yard
Clerk and $11.89 per day for the position of Stenographer-Bill Clerk
effective November 1947 to which rates should be applied the provisions of subsequent National Wage Agreements.
(3) That the occupants of said positions, W. C. Peterson,
Chief Yard Clerk, and H. F. Johnson, Stenographer-Bill Clerk (and
their successors) be allowed the diference in their earnings for
services performed as Chief Yard Clerk and Stenographer-Bill Clerk
respectively representing that paid to the Chief Yard Clerk at rate
of $12.46 per day, and that that should have been paid for at the rate
of $13.62 per day; representing that paid to the Stenographer-Bill
Clerk at rate of $11.42 per day and that that should have been paid
for at rate of $11.89 per day (due allowances to be made for adjustment in the rates of pay of these positions resulting from the application of subsequent National Wage Agreements retroactive to
January 21, 1960, or date formal claim was filed with Management.)
Employes' Exhibit No. 1.
EMPLOYES' STATEMENT OF FACTS:
Prior to the year 1947 the
Galesburg, Illinois, Terminal of the Carrier was under the direct supervision
and operation of the Carrier's Division Superintendent located at Galesburg
(Passenger Station). The Yard operations, consisting primarily of supervising the break up and make up of trains, was under the immediate jurisdic-
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The Carrier affirmatively asserts that all of the data herein and herewith
submitted has been previously submitted to the Employes.
(Exhibits not reproduced.)
OPINION OF BOARD:
In November 1947, a new position of Terminal
Superintendent was
created and
established in the office at Willis Yard to
supervise and
direct the work of clerical forces and all terminal operations
at Galesburg, Illinois.
The Employes' contention is that establishment of a Terminal Superintendent's position at Galesburg called for creation and establishment of two
new clerical positions, (1) Chief Clerk to Terminal Superintendent, and (2)
Stenographer-Secretary to Terminal Superintendent in order to take care of
additional duties and added responsibility said to have been occasioned by
transfer of certain work from the Division Superintendent's office to the
newly created Terminal Superintendent's office.
An increase in the work-load is shown to have resulted in connection
with reorganizing the work in the Willis Yard office, but we are not satisfied
that
there was
any great change in the character of service. Except for
isolated instances, the nature of the work continued the same.
A formal protest first was lodged by the Employe Representative in
January 1950. The work-load was reduced by adding another
general clerk
position in January 1951.
The
Petitioner cites
no pertinent rule unless it be Rule 44, and even
before that rule can be of any binding force and
effect in
wage matters, one
must find that a new position in fact exists. Other wage inequities continue
subject to bargaining by and
between parties
to the Agreement.
Being satisfied from our review of the record that this dispute involves
more in the way of a proposal to
re-evaluate positions
and increase wages of
existing positions than the rating of new positions for wage purposes, the
claim will 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, 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
That the Carrier did not violate the
Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated
at Chicago, Illinois, this 4th day of February, 1955.