THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

 BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
 FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES


Brotherhood (GL-6800) that:

1. (a) Carrier violated the rules of the Clerks' Agreement when they permitted employes from 29th Street Station (New York City) and Pier No. 67 (New York City) to displace regular assigned men at 28th Street (New York City) for overtime on the following dates:









(b) Carrier now be required to reimburse the following employes for wage loss sustained as a result of being deprived overtime work on their assigned position, the extent of the loss to be determined by a joint check of the Carrier's records.










2. (a) Carrier violated the rules of the Clerks' Agreement when they permitted employes from Pier No. 67 (New York City) and Pier No. 68 (New York City) and 28th Street (New York City) to displace regular assigned men at 29th Street Station (New York City) for overtime on the following dates:
























(b) Carrier now be required to reimburse the following employes for wage loss sustained as a result of being deprived overtime work on their assigned position, the extent of the loss to be determined by a joint check of the Carrier's records.

















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EMPLOYES' STATEMENT OF FACTS: Prior to merger of the Erie Railroad Company and Delaware, Lackawanna and Western Railroad Company, the Erie Railroad had a facility known as 28th Street Station (New York) which consisted of freight offices at 28th Street freight platform at 28th and 29th Streets and Pier forces at Pier 67. Contrary to the provisions of Rule 7 (a) of the Clerks' Agreement, vacancy bulletins covering Roster B positions did not specify the exact work location, but simply showed "28th Street Station." After the positions were assigned, the Local Agent would issue order to have a given number of stowers sent to Pier 67 and a certain number to 28th Street. The General Foreman would then pick the men who would work at these locations. Inasmuch as all positions were considered "28th Street Station", any overtime necessary would be given to the senior employe. In other words, if overtime was necessary at Pier 67, as employe working as an R&D Clerk or Checker at 28th Street who was senior to a Stower at Pier 67, would get the overtime as a Stower at the pier, and the employe who had worked as a Stower at Pier 67 all day would go home.


The merger of the former Erie Railroad and former Delaware, Lackawanna & Western Railroad was approved by the Interstate Commerce Commission effective October 15, 1960. Under date of October 3, 1961, Memorandum of Agreement was executed by the parties merging freight office and pier forces of the former Delaware, Lackawanna & Western Railroad Company at Pier 68, North River, New York with freight office, platform and


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The Organization refused to withdraw either Claim No. 1428 which is already before this Board for adjudication, and identified as "CL-15540" or the instant claim. Correspondence, including Carrier's conference notes, concerning both claims is attached hereto as Carrier's Exhibits D through H.




OPINION OF BOARD: The same factual circumstances and issues giving rise to the claims in this case are dealt with by the Board in Award No. 14229, in which the claims were denied.


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









Dated at Chicago, Illinois, this 11th day of March 1966.
 Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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