365 Award No. 14811

Docket No. CL-15564

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Edward A. Lynch, Referee

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC

RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL 5755) that:

1. Carrier violated the Clerks' Rules Agreement at Minneapolis, Minnesota when it failed to compensate Employe J. J. Tworoski at the time and one-half rate for 8 hours' work performed on Position No. 8074 on August 4, 1964.

2. Carrier shall now be required to compensate Employe Tworoski for four (4) hours at the straight time rate of pay of Position No. 8074 for August 4, 1964.

EMPLOYES' STATEMENT OF FACTS: Employe J. J. Tworoski, who has a seniority date of August 15, 1949 in Seniority District No. 48 made application for and was awarded the position of Vacation Relief Perishable Freight Inspector at the Twin City Terminals as advertised in Carrier's Bulletin No. 17 dated May 27, 1964. Copy of Bulletin No. 17 and Bulletin No. 18 awarding the position to Claimant Tworoski are submitted as Employes' Exhibits A and B respectively.

The vacation relief position at the Twin City terminals was assigned to provide vacation relief as follows:

Pos.

No. Occupant Vacation Period

17 P. R. Edmiston June 13 to July 1, 1964

35 V. J. Williams July 6 to July 24, 1964

18 A. W. Larson July 28 to Aug. 1, 1964

15 D. M. Glass Aug. 5 to Aug. 23, 1964

18 A. W. Larson Aug. 25 to Aug. 29, 1964

Employe Tworoski worked Position No. 18 July 28 through August 3, 1964. August 2nd and 3rd being rest days of Position No. 18, he was compensated at the time and one-half rate for service performed on those two days.

Tworoski was called and used thereon and he was compensated for his services in the amount of 8 hours at the time and one-half rate of Position No. 8074 for each day, i.e., Sunday, August 2 and Monday, August 3, 1964.

Employe A. W. Larson, the regularly assigned occupant of Position No. 8074, who had been on vacation, was due to return to work on his regularly assigned Position No. 8074 beginning Tuesday, August 4, 1964, but he was absent on that day because of illness, therefore, claimant Tworoski was called to fill employe Larson's assignment on Position No. 8074 on that day for which claimant Tworoski was properly compensated for 8 hours at the straight time rate of pay of said position.

Attached hereto as Carrier's Exhibits are copies of the following letters:

Letter written by Mr. S. W. Amour, Assistant to Vice President, to Mr. H. V. Gilligan, General Gbairman, under date of October 26, 1964-Carrier's Exhibit B.

Letter written by Mr. Amour to Mr. Gilligan, under date of November 30, 1964-Carrier 's Exhibit C.

Letter written by Mr. Amour to Mr. Gilligan, under date of January 7, 1965-Carrier's Exhibit D.

Letter written by Mr. Amour to Mr. Gilligan, under date of March 1, 1965-Carrier's Exhibit E.

(Exhibits not reproduced.)

OPINION OF BOARD: The claim before us in this Docket is clearly not the same claim that was handled on the property, and in line with numerous prior Awards of this Division, a dismissal Award is required.

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 the Claim must be dismissed.

AWARD