NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Frank Elkouri, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE NEW YORK CENTRAL RAILROAD COMPANY
EASTERN DISTRICT (except Boston Division)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes, New York Central Railroad Company, Eastern District, (except Boston Division)
1.-That Carrier violated the Clerks' Agreement, effective
February 11, 1955, when without conference or agreement with the
Committee, it abolished the position of Clerk, rate $296.73 per
month, at its Passenger Station, St. Johnsville, N. Y., held by Mr.
H. L. Frye, and assigned the work of this position to an employe
holding no seniority rights under the Clerks' Agreement and who
is subject to a different agreement.
2.-That Carrier be required to restore this position and fill
it as provided in the Clerks' Agreement.
3.-That Mr. H. L. Frye, together with any and all other
clerical employes adversely affected by the aforesaid violation of
the Clerks' Agreement, be reimbursed in full for wage losses resulting therefrom, this reimbursement to cover period commencing
February 11, 1955 and continuing until the above position shall
have been so restored and filled.
EMPLOYES, STATEMENT OF FACTS: The Carrier has a Freight
Station and a Passenger Station at St. Johnsville, N. Y. Both stations are
open to the public only Monday through Friday and they are located approximately 1000 feet from each other on opposite sides of the main line right
of way.
Prior to February 11, 1955, the force at these stations consisted of:
1 Agent (under the Telegraphers' Agreement), hours of service
8 A. M.-5 P. M. with one hour meal period, Monday through
Friday working at the Freight Station.
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Agreement, which procedure has been recognized by your Board as entirely
proper under the doctrine of "ebb and flow".
OPINION OF BOARD:
After abolishment of the clerical position involved herein on February 11, 1955, the Agent did not perform any duties
that he had no right to perform in filling out his tour of duty; in the latter
regard Awards 9329 and 9330 are controlling in that they involve the same
Parties and Agreement involved here and in that there are no sufficient
distinctions between the present case and the cases covered by those Awards
to justify the Board in now reaching a result different from that reached
there. Also see Awards 4348 and 5803. Moreover, the doctrine of "flow
and ebb" applies under the facts of the present case.
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:
S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 7th day of December, 1960.