885 Award No. 15095

Docket No. CL-15017

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Murray M. Rohman, Referee

STATEMENT OF CLAIM: Claim of the System Committee of the

(1) The Carrier violated and continues to violate rules of the Clerks' Agreement effective December 1, 1956, except as amended, when it arbitrarily and unilaterally abolished all positions in the Yard Office at Macon, Georgia, and transferred the work of those positions to the Southern Railway Company; and,

(2) Each of the following named clerks and/or persons who may have been working on their positions on a temporary basis shall be reimbursed for all salary losses from June 17, 1963 and shall have all other rights contemplated in the Agreement restored.

R. M. McDonnell C. J. Griggs, Jr.

C. L. Alexander P. R. Mitchell

J. B. Hardy W. L. Jones

A. M. Hatcher L. E. Avers, Jr.

J. H. Otto H. F. Reeves, Jr.

W. A. Williams W. R. Campbell

A. R. Burke, Jr. J. C. Baker

E. B. Robertson, Jr. H. C. Hooker, Jr.

R. B. Hudson K. E. Forsman

J. E. Proctor J. R. Cone

M. Williamson D. W. Haynes

E. L. Collins R. L. Garner

W. F. Wilder J. R. Jones

This claim is to remain in effect until all work and/or positions are restored to clerks of Central of Georgia Railway Company; and,

(3) All of the clerks on the Macon Division who were displaced as a result of the action described in Item (1) hereof shall likewise be reimbursed for all salary losses and shall have all rights contemplated in the Agreement restored in the same manner as prescribed in Item (2) hereof; and,

(4) If the work of the clerks referred to herein remains transferred to the Southern Railway Company, all of the employes affected shall have their seniority "dovetailed" in such manner that they shall not lose any seniority rights as a result thereof; and,

(5) All other conditions attached to the Clerks' Agreement effective December 1, 1956, except as amended, shall continue to apply to the clerks referred to herein and/or their successors; and,

(6) The records of the Carrier shall be checked to determine all of the foregoing in complete detail.

OPINION OF BOARD: The instant dispute presents the identical issue, under substantially the same factual circumstances as was considered by the Board in Award 15087, involving these same parties.

Accordingly, Award 15087 is held to be controlling herein on the jurisdictional issue as well as the contractual violation. Similarly, we are remanding the matter to the parties solely for the purpose of resolving the remedial provisions. It is recognized that, in any event, an employe who has been affected by such violation will be limited to only one recovery regardless of the source.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and 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

That the Agreement was violated.

AWARD