NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE WESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
This is a claim of the System Committee of
the Brotherhood that:
(1) The Carrier violated and continues to violate the rules of
the Clerks' Agreement through its unilateral action in gradually
transferring work previously performed in the Superintendents' Offices
of the Western and Eastern Divisions (Seniority Districts 18 and 19
respectively) to Traveling Accountants and/or other employes holding
positions in Seniority District 4.
(2) All Employes adversely affected as a result of the improper
transfer to Traveling Accountants in Seniority District 4, of the work
previously performed by Assistant T & E Timekeepers in the Superintendent's Ofce (Seniority District 18), be compensated for wage
loss sustained beginning December 5, 1955. and continuing until the
violation is corrected. If, because of resignation or other reasons,
the employes originally adversely affected are no longer in the service,
then the occupants of the 4 positions in the Timekeeping Department
in the Superintendent's Office in Sacramento, Messrs. V. O. Davison,
K. G. Williams, G. E. Darling and J. A. Anderson and their successors,
are entitled to be compensated for 2 hours each at the overtime rate
for each day of the violation.
(3) Clerks M. E. Lindley, E. W. Goodrum, M. E. Wingate and
W. H. Warrell, be additionally compensated for 8 hours pay at the
rate of time and one-half for each work day, February 13 to March
2, 1956, inclusive, and that Clerks E. W. Goodrum, M. E. Wingate and
W. H. Warrell, all holding seniority rights in Seniority District 18,
be additionally compensated for 8 hours at the rate of time and onehalf for each day March 5, 6, 12, 13, 14, 15 and 16, 1956, account
clerical work in connection with checking overtime vouchers and
calculations of Roadway and B & B Timerolls in the Superintendent's
Office in Sacramento, California, being performed by Mr. J. W.
Wragg, Traveling Accountant in Seniority District 4.
(4) Mr. J. A. Anderson shall now be compensated for 8 hours
pay at the rate of time and one-half for each work day from Febru-
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ary 15 to April 16, 1956
inclusive, because of the improper removal
. of the work involved in the distribution of W-2 Tax Forms from the
Superintendent's Office at Sacramento, California (Seniority District
18) and the transfer of that work to employes in the Accounting
Department in San Francisco (Seniority District 4).
(5) Mr. T. N. Sullivan, Assistant Accountant in the Superintendent's Office at Sacramento, California shall now be additionally
compensated for 8 hours pay at time and one-half for each day beginning March 5, 1956, and continuing until the violation involved in the
transfer to employes in the Accounting Department in San Francisco,
of the
work
of checking expense accounts for errors in calculations, is
discontinued and the work returned to employes in the Superintendent's Office (Seniority District 18).
(6) Mr. Don Richmond shall now be additionally compensated
for 8 hours at time and one-half for each working day beginning June
28, 1956, and continuing until the violation involved in the improper
,tra:psfar of checking extensions and additions of the trainmen's,
' enginemen'§ and switchmen's accounts, by Traveling Accountants
in Seniority District 4, is discontinued and the work returned to
employes in the Superintendent's Office at Sacramento, California
(Seniority District 18).
(7) Messrs. V. O. Davison, K. G. Williams, Frank O'Leary and
Don Richmond
in Seniority District 18, are entitled to and shall now
be additionally compensated for 14 hours overtime each or a total of
56 hours, account having been denied the opportunity to perform the
work involved in compiling a report of the cost of switching at Milpitas from the time record books, board record reports, and 800 reports in the Superintendent's Office in Sacramento, which work was
performed by Mr. J. G. Etchebehere, Traveling Accountant in Seniority District 4.
(8) Mr. T. N. Sullivan is entitled to and shall now be additionally compensated for 8 hours at the overtime rate for each work day
beginning May 17, 1956, and continuing until the violation involved
in the transfer to Traveling Accountants (in Seniority District 4),
of the clerical work involved in drawing off charges to account 511,
is discontinued and the work thereof returned to employes in the
Superintendent's Office in Sacramento, California (Seniority District
18).
(9) Mr. F. H. Oldham is entitled to and shall now be additionally compensated for 8 hours pay at the rate of time and one-half for
each work day beginning July 27, 1956, and continuing until the
violation involved in the improper transfer to employes in Seniority
District 4, of the work of checking expense accounts, is discontinued
and the work returned to employes in the Superintendent's Office at
Elko, Nevada (Seniority District 19).
NOTE: Continuing dates involved in these claims to be
determined by a joint check of the Carrier's records.
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:
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That 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;
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That hearing thereon has been held and concluded. Under date of September 2, 1958, the parties jointly advised the Secretary of the Third Division
of their desire to withdraw this case from further consideration by the Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 16th day of September, 1958.