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: (GL-4999):

















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Employe Dates




























When the principal train yard at Memphis, Tennessee, was moved to the newly built Tennessee Yard, which was placed in operation in 1957, the work of checking and carding cars moving over the "hump" was assigned exclusively to the occupants of utility clerk positions. These utility clerk positions are classified in seniority Group 1, and are rated at a rate of pay which is now $19.74 per day. Carrier also maintained a position of messengerporter at this facility and this position is classified in seniority Group 2 and rated at a rate of pay which is now $16.64 per day. Prior to October 24, 1959,

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The Organization, in effect, agrees that the issue in the instant dispute is the same as the issue decided by SBA No. 194 in Awards 19, 21, 22 and 36, but it is unwilling to accept the Board's interpretation of the rules. Therefore, the instant claims represent an effort on the part of the Organization to upset the principles laid down in the awards of SBA No. 194 and the Organization is merely approaching the same principle from several directions in an effort to have the Board reverse its position in those awards. It can only be concluded that the instant claims are nothing more than an attempt on the part of the Organization to relitigate a matter which has already been decided by Special Board of Adjustment No. 194. The awards rendered by SBA No. 194 are final and binding, and the Organization's dissent thereto renders them no less effective.


There is no basis for a sustaining award under the controlling rules agreement, and this Division is requested to so find.


    (Exhibits not reproduced.)


OPINION OF BOARD: This claim involves the same parties and Agreement and presents the same issue as Award No. 12562. For the reasons stated in Award No. 12562, we will deny the claim.


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 Carrier did not violate the Agreement.


                  AWARD


    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 28th day of May 1964.