NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
1. Carrier violated and continues to violate the provisions,
intent and purpose of Clerks' Rules Agreement and Memorandum
of Agreement S-2 and Memorandum of Agreement between the General Chairman and the Assistant General Storekeeper dated at Milwaukee May 5, 1951, when it discontinued Electric Crane Operator's
position No. 14 at Aberdeen, S. D.
2. Carrier shall be required to post proper bulletin which shall
be accessible to all employes affected in accordance with the provisions and purpose of the rules and Memorandums of Agreement
S-2 and Agreement between the General Chairman and Assistant
General Storekeeper.
3. Employe Neils F. Hansen, regular occupant of Position No.
14 at the time it was discontinued, shall be compensated for all loss
suffered until such time as the position is properly abolished in
accordance with the Rules Agreement and Memorandum of Agreement S-2 and Memorandum of Agreement between the General Chairman and Assistant General Storekeeper.
EMPLOYES' STATEMENT OF FACTS: Effective on or about July 28,
1929, Employe Neils F. Hansen, seniority date of April 30, 1923 on what is
now known as Seniority District No. 118, was assigned to Electric Crane
Operator's position, No. 14 at the Roundhouse Storeroom at Aberdeen, South
Dakota, and in connection with the crane work which he performed for the
Store Department he also performed the crane work required in the Locomotive and Car Departments. Mr. Hansen held that position continuously
from the date of his assignment until September 7, 1952.
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keeper on November 5, 1952) did not affect claimant Hansen in any way nor
deny him any right or privilege, nor can it be the basis for any monetary
claim and we respectfully request that the claim be denied.
All data contained herein has been furnished to the employes.
(Exhibits not reproduced)
OPINION OF BOARD:
The record establishes beyond question that
Claimant, who occupied the position of Electric Crane Operator at Aberdeen,
South Dakota until it was abolished on September 7, 1952, and that position
was in the Store Department seniority district. Manager of Stores, J. V.
Miller, wrote the General Chairman under date January 12, 1946, as follows:
"Your letter of December 26, file 4-B-22, concerning seniority
status of Crane Operator Neils Hansen, Aberdeen Store.
"As soon as new seniority lists are made, this man will appear on
the Aberdeen Store Department seniority roster."
On February 21, 1955, Assistant to Vice President, Downing, wrote to the
General Chairman, among other things, as follows:
"* * ` However, as indicated in Mr. Miller's letter of October 8, 1945,
the removal of employe Hansen's name from the Store Department
roster was in error as his seniority was being protected in the Store
Department and the next seniority roster issued showed the name of
employe Hansen. . . I do not disagree with the fact that prior to
the abolishment of employe Hansen's position on September 7, 1952
he occupied a position in the Store Department and held seniority in
the Store Department seniority district even though his name was
then carried on the Locomotive Department payroll . . . .
As a result, the notices of the abolishment of the position were subject
to the requirements of Rule 12(c) of the Agreement and the applicable provisions of the Memorandum of Agreement designated "S-2". The record shows
that such notices were not issued, placed on bulletin boards and furnished, in
accordance with these requirements.
The record also shows that Claimant relinquished his seniority rights and
employment relationship and retired under the provisions of the Railroad
Retirement Act. Compensation claimed in paragraph 3 of the claim should
terminate as of the date of such retirement.
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 Employe involved in this dispute are respectively
Carrier and Employe 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
Agreement was violated.
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AWARD
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of May 1960.