NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Paul N.
Guthrie, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(Chesapeake
District)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood:
(a) That the Carrier violated the terms of the Clerks' Agreement when effective March 31, 1954 it nominally abolished position
of Rate and Bill Clerk No. A-42-8 located at Fostoria, Ohio,
Freight Station, and thereafter performed the duties by assigning
them to Cashier position A-32-5 and Freight and Ticket Clerk
position A-33-7, and
(b) That it further violated the Clerks' Agreement when
effective April 2, 1954 it required and permitted the Freight Agent
to perform duties of the abolished position, and
(c) That the incumbent of Rate and Bill Clerk Position
A-42-8 and others affected thereby be paid for wage loss sustained
during period position was nominally abolished, and
(d) That the incumbent of Cashier position A-32-5 and the
incumbent of Freight and Ticket Clerk position A-33-7 be paid at
the rate of time and one-half times their daily rate account of
work assigned the positions being performed by the Freight Agent
and to the extent of the time so devoted, and
(e) That the position No. A-42-8 be re-established as provided by the rules of the Agreement.
OPINION OF BOARD:
This is a companion case of Docket CL-8086;,
Award 8022. The claim here involved grows out of the same set of facts
as Award 8022, at Fostoria, Ohio.
The issue of third party notice is involved in this docket also. The
observations made in Opinion of Board in that case are applicable here.
There is one difference, however, in the instant case which deserves brief
comment. This is a closed period claim, so it may possibly be argued that
[8717
8023-2
S72
the third party notice issue is moot. In many such situations that view
might possibly be legitimate. However, in the instant case the interpretation required in order to make an award on the merits would involve Tee
Order of Railroad Telegraphers in future work at this point on the property.
Therefore, despite the closed period character of the immediate claim, the
third party issue is as real in this docket as in Award 8022. Under such
circumstances, the same observations made on that issue in Award 5022
are appropriate in the instant docket. Therefore, the merits of the dispute
are not properly before the Division for decision until due notice has been
given The Order of Railroad Telegraphers.
FINDINGS: The Third Division of the Adjustment Board, after givmg
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 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 has jurisdiction over the dispute involved herein
subject to the finding as to notice:
That The Order of Railroad Telegraphers is involved in this disnate,
and, therefore, entitled to notice of hearing pursuant to Section 3, First
(j) of the Railway Labor Act.
That the merits are not properly subject to decision until said notice
is given.
AWARD
Hearing and decision on the merits deferred pending due notice to
The Order of Railroad Telegraphers to appear and be represented in this
proceeding if it desires, or to permit the parties involved to settle the claim
if they wish to do so.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 25th day of July, 1957.
DISSENT TO AWARD NOS.
8022
and
8023,
DOCKET NOS. CL-8086 and CL-8087
We dissent.
/s/ J. H. Sylveater
/sj C. R. Barnes
/s/ A. Covington
/s/ G. Orndorff
/s/ J. W. Whitehouse
Labor Members