Award No. 8854
Docket No. CL-8221
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Norris C. Bakke, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that the Carrier violated the Clerks' Agreement:
(1) When effective January 18, 1954, it abolished a clerical
position at Dodge City, Kansas, and removed clerical work, comprised of the regularly assigned duties of that position from under
the scope and operation of the Clerks Agreement and utilized the
Agent-Operator, an employe paid a monthly salary, for all services
rendered, such employe not covered by the Clerks Agreement, to
perform same, violating Rule 1 and other related rules of the
Clerks Agreement.
(2) That the clerical work performed by the Agent-Operator,
an employe of another craft, be returned to the clerical forces.
(3) That the Carrier be directed by appropriate Board Order
to compensate V. M. Bolding, Cashier, rate of pay $312.13 per
month, for two and one-twelfth (2-1/12) hours each day at
punitive rate, effective January 19, 1954.
See Award 8783 for Statement of Facts and Positions of the Parties.
OPINION OF BOARD:
This docket is before us again by virtue of
our Award 8783 wherein we held that disposition on the merits would be
withheld pending the giving of notice of the Telegraphers' Organization.
Such notice was given and the Telegraphers responded with a disclaimer.
See Award No. 8851.
[5441
8854-2
545
As to the merits of this case, it is a companion case to that in Docket
CL-8135 involving the same Carrier and the same rules in which we issued
a denial award. Award 8851.
A similar award is in order here. The Carrier did not violate the agreement and the claim is 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: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 18th day of June, 1959.