NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

Don Hamilton, Referee

PHILADELPHIA, BETHLEHEM AND NEW ENGLAND

RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the

(a) The Carrier violated the Agreement when, between July 1 and 8, 1960, it claimed to "abolish" all positions held by outside clerical forces.

(b) Employes named below shall now be additionally compensated for time lost because of the violation:

Employe Days Lost Dates

Ryan, J. P., Jr. 2 July 2, 3, 1960

Lilly, W. C. 2 July 2, 3, 1960

Mertz, J. A. 1 July 2, 1960

Van Horn, J. H. 1 July 3,1960

Fisher, J. G. 1 July 3,1960

Kline, J. J. 3 July 2, 3, 5, 1960

Dorney, R. M. 3 July 1, 2, 3, 1960

Thatcher, R. W. 3 July 2, 3, 7, 1960

Mack, A. R., Jr. 4 July 1, 5, 6, 7,1960

Sawaska, J. P. 5 July 1, 2, 4, 5, 8, 1960

Ryan, T. P. 4 July 3, 5, 6, 7, 1960

Searfoss, D. J. 3 July 5, 6, 7, 1960

Todora, J. 3 July 5, 6, 7,1960

[3211

In conclusion, on the charge of a violation of the Scope Rule, the Carrier once more points out that the total number of cars handled, both interchange and local, dropped about 52%a over the period in question from an equal period immediately preceding, and the number of cars weighed dropped 37% whereas the number of turns worked by the outside clerks dropped about 45%, which is a pretty good indication that they did all of the available work of the nature that they normally performed.

The Brotherhood also charges a violation of Rule 12;

"RULE 12. CHANGE IN DUTIES

(a) When there is sufficient change in the regularly assigned duties and responsibilities of a position, or in the character of the service required, the compensation for that position shall be subject to adjustment by agreement between the Company and the Local Chairman, but established positions shall not be discontinued and new ones created under the same or different titles covering relatively the same class or grade of work, which shall have the effect of reducing the rate of pay or evading the application of these Rules.

(b) When positions are abolished, any remaining duties shall be re-assigned through conference in accordance with paragraph (a) of this Rule."

A mere reading of the Rule shows its inapplicability here.

Finally, the Local Chairman, in his initial claim letter, charges a violation of "various sections of Rule 15-Seniority", without specifying them. The Carrier therefore answers the charge generally: The basic purpose of the Seniority Rule is to give employes the right to work according to seniority. Here the claim of the Brotherhood is on behalf of the 13 junior-most outside clerks whose assignments were abolished. It is, of course, obvious from the lack of claims on behalf of the senior clerks that they worked as much time as they would have worked had their assignments not been abolished, demonstrating how effectively the Carrier divided the reduced amount of work equitably among the senior employes. This certainly meets the purpose of the Seniority Rule, and, the Carrier submits, is not inconsistent with any of the provisions of the Rule.

For all the reasons stated, it is the Carrier's position that the Brotherhood's claim is without merit and should be denied.

(Exhibits not reproduced.)

OPINION OF BOARD: This case is the same in all material respects as in Award No. 12974.

We adopt the opinion therein as determinative of the issues in this case.

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 the Agreement was violated.

AWARD