NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

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


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5765) that:





EMPLOYES' STATEMENT OF FACTS: Mr. J. J. Jarvis is regularly assigned to Line Desk No. 4 position, 7:59 A. M., to 3:59 P. M., Tuesday through Saturday, with rest days Sunday and Monday, rate $20.90.

Mr. R. R. DeBorde is regularly assigned to Relief Position No. 1, working Friday and Saturday IBM General Clerk No. 2, rate $21.32, Sunday and Monday Line Desk Clerk No. 4, rate $20.90, and Tuesday IBM Night Chief Clerk No. 1, rate $21.68.

Mr. L. M. Cave is regularly assigned to Chief Clerk 7:59 A. M. to 4:59 P. M., rate $22.16 Monday through Friday, Saturday and Sunday rest days.

Line Desk assignment and Relief Clerk assignment should receive rate of Chief Clerk on Saturday and Sunday and that the Chief Clerk had right to perform such work and should be paid on such days.





The applicable schedule agreement is that effective April 1, 1946, reprinted January 1, 1963, copy of which is on file with the Board.




OPINION OF BOARD: It is the contention of Claimants that the Carrier unilaterally abolished the Chief Clerk position on Saturday and Sunday and assigned its work to lower rated positions-Line Desk Clerks. In its denial of the claim, Carrier maintains that Line Desk Clerks did not perform any of the Chief Clerk's work.


It is questionable from the evidence adduced in the record as to what, if any, of the Chief Clerk's work, the Line Desk Clerks were required to perform. From a review of the entire record we are convinced that Petitioner has not sustained the burden of proof required, as set forth by numerous awards of this Board. One of the later awards is Award 14991.


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 31st day of January 1967.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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