NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Wesley Miller, Referee
PARTIES
TO
DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE NEW YORK CENTRAL RAILROAD, NEW YORK AND
EASTERN DISTRICT (except Boston and Albany Division)
STATEMENT
OF CLAIM: Claim of the System Committee of the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and
Station Employes, on the New York Central Railroad Company, Eastern
District (except Boston Division):
1. That Carrier violated the Clerks' Agreement, effective June 7,
1956, when without conference or agreement with the Committee, it
abolished the position of Clerk, rate $343.20 per month, at its Freight
Station, Cayuga, N. Y., held by Mrs. Esther B. Moorhead, and assigned
work of this position to employes holding no seniority rights under the
Clerks' Agreement and who are subject to a different Agreement.
2. That Carrier be required to restore the above position of
Clerk and
fill it as provided in the Clerks Agreement.
3. That Mrs. Esther B. Moorhead, together with any and all
other clerical employes adversely affected by the aforesaid violation
of the Clerks' Agreement, be reimbursed in full for wage losses resulting therefrom, this reimbursement to cover the period commencing
June 7, 1956 and continuing until such position shall have been restored
and so filled.
EMPLOYES' STATEMENT OF FACTS: The Carrier's station facilities
at Cayuga, N. Y., consist of a Freight Station only, which Station is operated
six days per week, Monday thru Saturday.
Prior to June 7, 1956, the force at this Freight Station was as follows:
(Under Telegraphers' Agreement) Hours of Service Rest Days
1 Agent-Telegrapher 5:15 PM- 1:45 PM Sun. and Mon.
1Telephoner-Clerk 1:45 PM-10:15 PMSat. and Sun.
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authority that it is not within the jurisdiction of this or other Divisions to
require restoration of any position; and (5) that awards support the position
of the Carrier. The claim is without merit and should be denied.
All data incorporated herein has been presented to the Organization in
writing and/or conference.
(Exhibits not reproduced)
OPINION OF BOARD:
Awards 9329, 9330, 9655, 9690 and 10121, involving the same parties, issues, Agreement and rules as in the instant
claim, have denied the material contentions presented by the petitioning
Organization herein.
We do not believe that said Awards are palpably erroneous.
Therefore, this claim should be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 24th day of June, 1963.