Award No. 9051
Docket No. CL-8924
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE LOUISVILLE AND NASHVILLE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(a) The Carrier violated the Clerks' Agreement when, on
June 13, 1955, it assigned student rate clerk positions to Mr. Jas.
Volpert and Mr. R. R. Doheney, seniority datings February 16, 1950
and June 6, 1950, respectively and refused to accept the applications
of Miss Margaret C. Smith and Mrs. Louise Kenny, seniority
datings of June 6, 1942 and January 22, 1944, respectively, for
these positions.
(b) That the Carrier be required to make whole Miss Smith
and Mrs. Kenney, the same as if the Agreement had not been violated, by
1. In addition to the compensation for the work
performed during the period, compensate them for the
position of Student Rate Clerk at the straight-time rate
from June 13, 1955, until November 15, 1955, and at the
straight-time rate of the positions as Rate Clerks held
subsequent to the latter date by Jas. Volpert and R. R.
Doheney until the claimants are placed on Student Rate
Clerks' positions.
2. That the training the claimants are given on the positions as Student Rate Clerks be at least as thorough
and complete as was the training given the two junior
employes erroneously awarded the positions which are
the subject of this claim and for the period of time set
out in the Bulletins of such positions; and,
3. That they be compensated for the loss in earnings from the date they are placed on Student Rate
Clerks' positions by an amount equal to the difference
in the rate of such positions and the rate of the posi-
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tions of Rate Clerk held by Volpert and Doheney, provided they continue to occupy Rate Clerks' positions,
or, if for any reason they are removed from a Rate
Clerk's position held, until such time as the claimants
have completed such training and are awarded a Rate
Clerk's position paying the same rate as the positions
which Volpert and Doheney have been awarded, or the
claimants are permitted to displace such employes.
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 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 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 parts by the complainant party; and
That hearing thereon has been held and concluded. Under date of
October 19, 1959, 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: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 4th day of November, 1959.