PARTIES TO DISPUTE:

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

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:



EMPLOYES' STATEMENT OF FACTS: On June 10, 1958, the following position was placed on the bulletin board in the office of Ticket Agent C. W. Woodward, The Cincinnati Union Terminal Company, Cincinnati, Ohio, as per Rule 12:











In accordance with Rule 13, two employes submitted bids for the advertised position, namely A. H. Beinkemper in the Ticket Office holding Ticket Office point seniority date of October 9, 1924, and Harold H. Schmidt a TypistComptometer Operator holding Master Terminal seniority date of August 26, 1942. Mr. Beinkemper was a former New York Central employe who was
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The above definitely proves that Claimant Schmidt did not suffer any monetary loss but actually gained by working the relief of filling vacation vacancies.


The Carrier requests this Division to deny the claim in its entirety.



OPINION OF BOARD: This is a dispute between The Brotherhood of Railway and Steamship Clerks and The Cincinnati Union Terminal Company.


As of July 31, 1957 the New York Central closed its Ticket Office in Cincinnati and all ticket sales were transferred to the Terminal Ticket Office. They treated this as a consolidation under the terms of the Washington Job Agreement of May, 1936. The parties entered into the following Agreement.





"NEW YORK CENTRAL RAILROAD COMPANY - SOUTHERN DISTRICT
      THE CINCINNATI UNION TERMINAL COMPANY

            and their employes represented by


"THE BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES.


"IT IS AGREED:

        "1. (a) Effective August 1, 1957, the New York Central Railroad City Ticket Office at Cincinnati, Ohio will be closed.


        (b) It is anticipated that a certain amount of ticket sales will flow to the Cincinnati Union Terminal Company and due to the anticipated increase in business, the following positions will be created in the Cincinnati Union Terminal Ticket Office:


"Make up Ticket Clerk 2.30 per hour 8:00 A. M. to 4:30 P. M.
 Tkt. Clerk-Information 2.30 8:30 A. M. to 5:00 P. M.
 Diagram Clerk 2.032 8 :30 A. M. to 5:00 P. M.
 Typist-Diagram Clerk 2.032 12:00 N to 8:30 P. M.
 Typist Comet. Opr. 2.02 8:00 A. M. to 4:30 P. M.
 Telephone Operator 1.876 8:30 A. M. to 4:30 P. M.
 Telephone Operator 1.876 11:00 A. M. to 7:00 P. M.

 "The above positions to be considered 'old jobs' or as if they were established before July 1, 1946.
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        "(c) The following New York Central Railroad employes affected by the closing of the City Ticket Office will be privileged to accept the above new positions according to their seniority and shall come within the scope and operation of the Agreement between The Cincinnati Union Terminal Company and their employes represented by the Brotherhood and will be merged with other employes on the Ticket Office Seniority roster of The Cincinnati Union Terminal Company, but not on the Master Terminal Seniority District Roster:


              "J. J. Lang 9- 3-16

              A. H. Beinkemper 10- 9-24

              Nell Corcoran 11- 9-38

              F. E. ldehlman 10- 1-42

              Lorene Roche 11-19-42

              W. V. DeMuzio 3- 4-43


        "(d) The New York Central employes accepting the above positions shall carry their New York Central seniority with them and shall be placed on and continue to retain and accumulate seniority on the Ticket Office seniority roster in accordance with the Rules Agreement in effect in The Cincinnati Union Terminal Company.


      "2. The employes accepting the above positions will be considered Cincinnati Union Terminal employes and shall be entitled to and shall receive all the rights and benefits accorded The Cincinnati Union Terminal Company employes in the same manner as through their service with The New York Central Railroad Company had been with The Cincinnati Union Terminal Company.


      "3. In the application of the National Vacation Agreement of September 17, 1941 and supplements thereto to employes accepting employment with The Cincinnati Union Terminal Company the compensated service of such employes of the New York Central Railroad in 1956 shall be taken into account in determining qualifications for vacations in 1957 and the continuous service of such employes shall be considered as beginning on the same date from which it was calculated while they were employed by The New York Central Railroad.


      "4. The provisions of the job protection 'Agreement of May, 1936, Washington, D. C.' will apply to the New York Central Railroad Company employes listed in paragraph 1 (c) and the Cincinnati Union Terminal Company ticket office employes who are regularly assigned in the Ticket Office as of August 1, 1957.


      "5. The acceptance of employment by the New York Central Railroad employes with The Cincinnati Union Terminal Company under this Agreement does not impair any right of the employes against the New York Central Railroad under the Federal Employers' Liability Act, which right accrued prior to the effective date of this Agreement."

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On June 10, 1958 a new position of Ticket Clerk was advertised. Two applications were received. The two applicants were A. H. Befnkemper and Harold Schmidt, the Claimant. Mr. Befnkemper was one of the former New York Central employes transferred under the 1957 Agreement. He had a seniority date from 1924 on the Ticket Office Roster but under the 1957 Agreement not on the Master Terminal Seniority Roster. Claimant held a seniority date of 1942 on the Master Seniority Roster but no seniority on the Ticket Office Seniority Roster.


We are of the opinion that the position should be filled under the provisions of Rule 8 (6).


    "In filling new positions established on or subsequent to July 1, 1946, and any vacancies occurring on such positions, same shall be, filled from employes on the Master Terminal Roster."


It is readily apparent that the parties to the 1957 Agreement contemplated this for they established 7 new positions at that time and stipulated that those 7 new positions would be treated as old positions for the purpose of filling the positions.


Part 2 of the claim falls for lack of evidence. It is apparent from the record that Claimant suffered no monetary loss.


    For the foregoing reasons we find that the Agreement was violated.


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 Railroad 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 violated.


                  AWARD


    Part 1 sustained. Part 2 denied


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 14th day of February 1963,