STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: This dispute is between the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes as the representative of the class or craft of employes in which the Claimant in this case held a position and the Penna. Railroad Co.hereinafter referred to as the Brotherhood and the Carrier, respectively.
There is in effect a Rules Agreement, effective May 1, 1942, except as amended, covering Clerical, Other Office, Station and Storehouse Employes between the Carrier and this Brotherhood which the Carrier has filed with the National Mediation Board in accordance with Section 5, Third (e), of the Railway Labor Act, and also with the National Railroad Adjustment Board. This Rules Agreement will be considered a part of this Statement of Facts. Various Rules thereof may be referred to herein from time to time without quoting in full.
The Claimant, George Moon, was the incumbent of regular Clerical Position Symbol F-2362, at Ontario Street Freight Station, Philadelphia, Pa., Philadelphia Terminal Division, tour of duty 8:00 A. M. to 5:00 P. M., with one hour meal period, Monday through Friday, rest days Saturday and Sunday. He acquired this position through the exercise of seniority. The position was last advertised in Bulletin No. 216, dated May 26, 1946, in the following manner:
disputes growing out of "grievances or out of the interpretation or application of Agreements concerning rates of pay, rules or working conditions". The National Railroad Adjustment Board is empowered only to decide the said dispute in accordance with the Agreement between the parties thereto. To grant the claim of the Employee in this case would require the Board to disregard the Agreement between the parties and impose upon the Carrier conditions of employment and obligation, with reference thereto not agreed upon by the parties to this dispute. The Board has no jurisdiction or authority to take such action.
The Carrier has established that the Foreman, Ontario Street Freight Station, properly was used to perform the miscellaneous items of work referred to above on the dates in question, and that the Claimant is not entitled to the compensation which he claims.
It is respectfully submitted, therefore, that the claim is not supported by the. applicable Agreement and should be denied.
All data contained herein have been presented to the employe involved or to his duly authorized representative.
OPINION OF BOARD: The claim is that the Carrier violated Rule 4-C-1 of the Agreement "by not permitting Receiving Clerk George ltloon to perform extra service at the overtime rate in connection with his regular assignment" on various Fridays from June 26 to September 4, 1953.
The Employes' Statement of Facts shows that on each Friday during that period, except for August 21 when Claimant was on vacation, he worked his eight hours straight time and in addition from one to two and one-half hours overtime. The obiection is that after Claimant had worked these hours the Freight House Foreman on each date worked an additional period of from one-half hour to 3 hours on similar work.
Thus the Employes' own statement shows that Claimant was not "required to suspend work during, regular hours." since on every date except when on vacation he worked his regular hours, and more.
The Employes' Rebuttal Brief admits that obvious fact and counters with the following novel contention:
To other words, this Board is asked to remove from the Rule the words "during regular hours," which were placed thereby the parties.
Tn view of our obvious lack of any authority to rewrite the Agreement, the claim must 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 aiul hold: 8219-15 4,57