NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO GREAT WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood:
(1) That the Carrier violated the agreement between the Carrier and the Brotherhood effective August 15, 1939, reprinted May 1,
1955, when on January 14, 1956, it advertised position titled Old Yard
Checker, Oelwein, Iowa, with assigned hours of 10:30 A. M. to
6:30 P. M.;
(2) That the Carrier shall now be required to compensate the
successful applicant, 0. E. Sager and/or his successor at the pro rata
rate from 8:00 A. M. to 10:30 A. M. and additional half time from
4:00 P. M. to 6:30 P. M. (equivalent to two and one-half (21/2) hours
at the rate of time and one-half), rate of $15.02 per day, for Monday,
January 16, 1956, and similar payment for each subsequent day, Sunday through Thursday, on which he worked this position with a starting time of 10:30 A. M.;
(3) That the Carrier shall now be required to compensate the
incumbent of the Relief Clerk position, B. T. Lonie and/or his successor, for 8:00 A. M. to 10:30 A. M. at the pro rata rate of the position,
and additional half time from 4:00 P. M. to 6:30 P. M. (which is
equivalent to two and one-half (21/z) hours at the rate of time and
one-half, daily rate $15.02, for Friday and Saturday, January 20 and
21, 1956, and similar payment for each subsequent Friday and Saturday on which he was required to perform service on this position with
a starting time of 10:30 A. M.; and
(4) That the Carrier shall now be required to bulletin this
position of Old Yard Checker, Oelwein, Iowa, in compliance with the
provisions of the effective agreement compensating Claimants until
such correction is made.
EMPLOYES' STATEMENT OF FACTS: Under date of January 14, 1956,
Carrier issued Circular No. 7 advertising the position of Old Yard Checker,
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and the same data and material arguments are presented as
were presented in the previous case, the Award in the previous case should be followed * * *. For in such a situation
there is nothing new which has not been passed upon and
taken into account before, and the only question is whether
the personal judgment of the latter referee * * * should be
substituted for that of the former referee;
"A contrary course would tend to discourage settlements between
the parties and discourage prompt compliance with Awards rendered."
Claim covered by this docket involves the same controlling facts and the
same rules as involved in previous Award 1471, the Employes rely upon the
same material arguments; hence, Carrier avers that the Third Division must
reaffirm its decision in Award 1471 and render a denial award in the instant
case.
Carrier affirms all data in support of its position has been presented to
the other party and made a part of the particular question in dispute.
OPINION OF BOARD:
The same controlling facts, the same rule (the
designation, however, having been changed from Rule 39 to Rule 33) and
parties were before this Board in Award 1471, wherein the Employes' claim
was denied. This award places the proper interpretation upon Rule 33 (a) under
the circumstances presented and must be followed. See Award 6710.
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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 3rd day of August 1962.