NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION E3IPLOYES
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(Chesapeake District)
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood:
(a) That the Carrier violated the provisions of the Clerical
Agreement when, on the dates of April 21st and April 28th, 1956 it
failed and refused to call Clerk Carol Simon to perform service on the
position of Caller B-3 located at Covington, Kentucky under the jurisdiction of Mr. K. B. Robertson, Trainmaster, Stevens, Kentucky.
(b) That the Carrier instead utilized the services of J. C.
Stephenson in violation of the pertinent provisions of the Clerical
Agreement, thus depriving the claimant of the opportunity to perform
service on his regular position on an overtime basis, and
(c) That it shall now arrange to allow the claimant Carol Simon
one day's pay at time and one half times the daily rate of $13.77 per
day for each of the above claimed dates, which is the amount he would
have earned had he been properly called in accordance with the Agreement.
EMPLOYES' STATEMENT OF FACTS:
(1) Effective May 16, 1955 the parties entered into a Memorandum
Agreement setting up Relief Position SA-5 consisting of two days work per
week relieving Group 2 employes and three days relieving Group 3 employes.
A copy of the Memorandum Agreement is attached hereto and identified as
Employes' Exhibit "A."
(2) Relief Position SA-5 became vacant and was advertised for bids by
Bulletin No. 49 dated April 11, 1956 (Employes' Exhibit 'B").
(3) While Position SA-5 was bulletined, J. C. Stephenson, an employe
holding Group 3 seniority only, acquired a displacement right and was permitted to "displace" upon Position SA-5, effective April 17, 1956 (Employes'
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rest days at punitive or overtime rate only when necessary to work the regularly assigned employe on his rest day because there are no cut-off or furloughed employes who can work unassigned rest days at straight time rate.
Such doctrine makes it plain in the instant case that Simon was not
deprived of service to which he had preferential right, as he is the incumbent
of Group 3 Janitor position C-34, and as Stephenson was a cut-off or furloughed
employe he stood ahead of Simon for the work on April 21 and 28, 1956, both
of such days being Monday. Stephenson, it will be seen from the above, was
furloughed by abolishment of Position C-35 as of the close of work on April
15, 1956. Obviously, therefore, he would have stood ahead of Simon in preference
for working Position C-34 on both April 21 and 28, 1956.
As already shown, Simon's claim is without merit and should be denied.
This case is companion to CL-9428.
All data contained in this submission have been discussed in conference
or by correspondence with the Employe representatives.
(Exhibits not reproduced)
OPINION OF BOARD:
This is a companion case to Award No. 9644,
involving the same parties and the same issue. Therefore, the violation of the
Agreement is sustained and the claim disposed of in accordance with the Opinion
and Findings in Award No. 9644.
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 Carrier violated the Agreement in accordance with the Opinion.
AWARD
Claim sustained in accordance with the Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 17th day of November, 1960.