THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
PHILADELPHIA, BETHLEHEM AND NEW ENGLAND
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5104) that:
1. On November 18, 1960 the Carrier posted Clerical Bulletin Number 786 addressed to "Outside Clerical Forces" and giving notice that all Interchange Clerks, Weighers, Yard Clerk-Weighers and Interchange Clerk-Weigher positions would be abolished effective Wednesday, Novembr 23, 1960 at 11:00 P. M. It was furthr said that the "abolishments" were due to greatly reduced service requirements over the Thanksgiving Day weekend, that employes affected would be temporarily assigned in seniority order in accordance with service requirements, and that the subject matter of the bulletin was subject to change. A copy of Carrier's Clerical Bulletin Number 786 is attached hereto and identified as Employes' Exhibit A.
2. All the positions allegedly abolished were rebulletined under date of November 28, 1960 by Clerical Bulletins Numbers 787 through 796 and worked regularly from November 28 forward. A copy of Bulletin Number 787 is attached hereto and identified as Employes' Exhibit B. During the period between November 23 and November 28, 1960, and excluding rest days, there would have been a total of thirty-six workdays on the abolished positions. The Carrier filled the positions, collectively, for a total of sixteen man-days, leaving a total of twenty days' lost time as the subject of this claim, as follows:
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 10 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 met 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.
OPINION OF BOARD: This case is the same in all material respects as in Award No. 12974.
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 has jurisdiction over the dispute involved herein; and
CARRIER MEMBERS' DISSENT TO
AWARD 12977, DOCKET CL-13039
LABOR MEMBER'S ANSWER TO
CARRIER MEMBERS' DISSENT TO
AWARD 12977, DOCKET CL-13039