PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

THE DELAWARE AND HUDSON RAILROAD CORPORATION

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier violated and continues to violate the current Clerks' Agreement when effective at the close of the working day, April 29, 1955, it abolished Position No. 3, Stationery Stockman, and Position No. 4, Clerk-Office of Stationery Storekeeper at Colonic, while all of the duties thereof remained to be performed and further violated the said Clerks' Agreement by requiring other employes to suspend work on their regularly established positions without negotiating such reassignment of work and further violated the said Clerks' Agreement by assigning or permitting the occupant of a position fully excepted from the scope and application thereof to perform the work of the abolished positions, and that








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EMPLOYE'S STATEMENT OF FACTS: Prior to May 1, 1955 there existed in the Stationery Storeroom at Colonic Shops four positions consisting of the following:


Position No. Title Occupant Monthly Rate
"P" 1 Stationery Storekeeper E. Osborn ?
2 Multilith Operator John McCassion $328.00
3 Stationery Stockman E. J. Flanagan 318.46
4 Clerk Bertha Chatfield 303.05

The position of Stationery Storekeeper (No. 1) was an "excepted position" and therefore the accupant thereof (Osborn) was not permitted to perform any work belonging to employes covered by the Rules Agreement. The duties and responsibilities of this position were to supervise the operation of the Stationery Storeroom and the employes working on Positions Nos. 2, 3, and 4. Position No. 2 (Multilith Operator) was regularly assigned to operate the Multilith Machine located at that point and also a Cutting Machine used for reducing the size of various paperstocks.


The duties and responsibilities of Position No. 3 (Stationery Stockman Flanagan) were as follows:












The duties and responsibilities of Position No. 4, Clerk Chatfield, were as follows:














Prior to May 1, 1955 there also existed in the office of and under the immediate supervision of the Superintendent of Stores, at Colonic, among

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OPINION OF BOARD: The dispute described herein by the submissions arose out of the reorganization by the Carrier of its Stores Department. In such reorganization the Carrier abolished in its Stationery Storeroom at Colonie Shops the position of Stationery Storekeeper, an excepted position under the agreement, and the positions of Clerk and Stationery Stockman. The work was absorbed by different employes remaining in the Stores Department.


The occupant of the position of Stationery Stockman, who was number 15 on the seniority list, exercised his displacement rights on a lower rated position, although higher rated positions were available to him. It is contended that his position was wrongfully abolished under the agreement and it is requested that he be compensated for the difference in pay between that of his former position and that of his position as Gateman.


After a careful examination of the record we have concluded that the Organization has not established that the positions were erroneously abolished. The claim of E. J. Flanagan is therefore denied.


Insofar as the claims relate to an increase of duties and responsibilities for certain positions following the reorganization of the Stores Department we find that such claims are controlled by Rules 44 and 45 of the current agreement. The parties should proceed to conclude an agreement as contemplated by these rules.


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






    Claims disposed of as per the Opinion.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 23rd day of January 1963.