STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
(1) On June 21, 1957 by Bulletin No. 9, Superintendent R. H. Blassingame advertised position of General Clerk X-1482, Plaquemine, Louisiana at rate of $16.29 per day, plus cost-of-living adjustment, working assigned hours of 5:00 A. M. to 9:00 A. M.; 10:00 A. M. to 2:00 P. M., daily with Saturday and Sunday and legal holidays off, which position was assigned to Mr. Howard Capello by Supt. Blassingame's Bulletin 9-A, dated July 1, 1957.
Formal claim for adjustment of above rate was filed on June 29, 1957 by Division Chairman B. C. Green with Superintendent of Louisiana Division, Mr. R. H. Blassingame. (See Employes' Exhibit No. 2). This claims was declined July 1, 1957. (See Employes' Exhibit No. 3). On July 16, 1957, General
These Awards show, beyond the possibility of serious question, that, if Rule 40 of the Agreement applied, under the facts of this case, then it prescribed $16.42 per day, plus the cost of living allowance, as the rate of pay for the new position. We explained this to the Brotherhood in conference, and in our denial decision. We explained, carefully, that if we had considered that Rule 40 applied, we would have had to fix the rate at $16.42, rather than at $16. ,6, as claimed; and that if we were going to change it, the change would be a reduction, to accord with those nearby, rather than an increase, to the rate claimed.
If the Board should sustain Claim 1, and rule that Rule 40 applied, then the Carrier requests the Board to deny Claim 2, and rule that proper rate should have been $15.42 per day.
All known relevant argumentative facts and documentary evidence are included herein. All data in support of Carrier's position has .been presented to the employes or duly authorized representative thereof and made a part of the particular question in dispute.
OPINION OF BOARD: A review of the record above shows that the confronting dispute is similar, if not identical, to that covered by Third Division (Supplemental Board) Award No. 10129 (McDermott), wherein the Employes' claim was sustained. We, therefore, hold that Award 10129 is controlling and claim is sustained.
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 Carrier and 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 herein; and