EMPLOYES' STATEMENT OF FACTS: In a letter of Employe Myron Cedarblade dated January 31, 1955, Assistant Superintendent W. T. Hjorth declined payment of timeslips presented by employe Cedarblade claiming payment for the period January 17th to 28th inclusive when employes outside the scope and application of the Clerks' Agreement were used to perform work of the Bill Clerk's position.
Under date of February 3, 1955, in letters to Employe Cedarblade, Assistant Superintendent Hjorth declined payment of timeslips presented by employe Cedarblade covering a period from October 1, 1954 to February 2, 1955 account violation of the Clerks' Rules Agreement.
Employe Cedarblade referred the claim to Vice General Chairman H. C. Hopper; and on February 8, 1955, Mr. Hopper wrote the Assistant Superintendent rejecting his declination of the timeslips presented by employe Cedarblade and advised claim would be appealed to the next highest Carrier Officer.
Claim was appealed to Superintendent Palmquist on February 9, 1955, which included the working days of the week from October 1, 1954 to February 2, 1955 and all subsequent days that the work was performed by employes outside the scope of the Clerks' Agreement. Copy of the claim is attached as Employes' Exhibit "A".
On March 14, 1955 Superintendent Swingle, successor to Mr. Palmquist as Superintendent, wrote Vice General Chairman Hopper advising that instructions had been issued at Red Wing to arrange to have all clerical work coming within the scope of the Clerks' Schedule performed by the employes covered thereby, which he hoped would take care of the complaint. No reference was made by
barred. Accordingly, claims for days subsequent to February 2, 1955 should be disallowed and the Carrier respectfully requests that the claims for such dates be denied.
OPINION OF BOARD: This claim is sustained for a call on the 87 specific dates of record because not disallowed in accord with Sections 1(a) and (b), of Article V, of the August 21, 1954 National Agreement; and denied in all other respects.
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 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