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: There is in effect Rules Agreements effective July 1, 1945 and the National Agreement signed at Chicago, Ill., August 21, 1954, covering Clerical, other office, station and storehouse employes between this Carrier and this Brotherhood. The Rules Agreements must be considered a part of this statement of facts. Various rules and memorandums therefore may be referred to from time to time without quoting in full.
This dispute involves the question of whether or not the Carrier complied with the meaning and intent of the Rules Agreement when it re-established two clerical positions at Ronkonkoma and Huntington ticket offices and arbitrarily gave the positions the title of Assistant Agents and assigned the work outside the Clerical forces.
Prior to January 11, 1959, and in accordance with the effective date of the Clerks' Agreement July 1, 1945 there were in effect established Clerical positions at Ronkonkoma and Huntington stations.
The duties assigned to these positions are primarily clerical and as a result of this Carriers unilateral action in excluding these positions from being bulletined to the Clerks, claims were filed and progressed by means of correspondence which are shown in exhibit numbers one (1) to six (6), inclusive.
OPINION OF BOARD: The Carrier made timely objection on the property to this claim on grounds that Paragraph 2 thereof demands payment of any wage losses sustained by unnamed employes who might later become the successful applicants for the two clerical positions sought to be bulletined and awarded. This constitutes, says Carrier, a clear violation of Section 1 (a) of Article V of the August 21, 1954, National Agreement, reading, in pertinent part, as follows:
The words "employe involved" have been held to mean that he need not be named but must be so described as to be readily identifiable. (Award 11038).
But what Petitioner fails to acknowledge is that such employes are not "readily identifiable" because to ascertain their identity the Carrier could not only be required to bulletin the jobs and award the work, it would necessarily have to determine the relative fitness and ability of each employe according to his seniority standing, and availability. Such decisions by the Carrier not only could require it to search its own records, they could very well lead to the filing of additional claims by those not found qualified. That the Board will not require a Carrier to so assist those asserting a claim against it is well established. (Awards 11776, 11156, 10435, 9343). Nor is it proper for this Board knowingly to render findings the result of which may be to encourage controversy and disputes. As we said in Award 11038 (supra),
. . . the description of the employe involved ought not to give rise to a further dispute as to his identity."
In view of the foregoing, the Board will dismiss this claim for failure to meet the requirements of Article V, 1 (a) of the August 21, 1954, National Agreement.
FINDINGS: The Third Division of the Adjustment Board, 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 does have jurisdiction over the dispute involved herein, and