NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(SuPpIemental)
John J. McGovern, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-5805) that:
(a) The Carrier violated the Clerical Agreement when it required
or allowed Mr. Curtis Beall to work as Extra Clerk in the Claim
Department for approximately eight (8) weeks.
(b) The Carrier also violated the Agreement when it failed to
advertise a regular position under Rule 8 (b), resulting in a furloughed clerk, Mrs. M. C. Rawlins, not being notified for available
work as Claim Clerk at the Local Freight Agency, Atlanta, Georgia.
(c) Mrs. M. C. Rawlins claimant, shall receive compensation for
five (5) days per week, at the proper rate of Claim Clerk position,
that was occupied by Mr. Curtis Beall, from August 15, 1963, and continuing to October 23, 1963.
EMPLOYES STATEMENT OF FACTS: This dispute is between the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and
Station Employes as the representative of the craft of employes in which the
claimant in this case holds seniority and the Southern Railway Company.
Mrs. M. C. Rawlins is shown on line 125 of July 1, 1964 Atlanta Division
seniority list as furloughed, with seniority date of September 25, 1952. Mr.
G. C. Beall is shown on line 166 of the July 1, 1964, Atlanta Division seniority
list as Bill Clerk, with seniority date of November 10, 1963, No. 1.
Local Chairman, Mr. William M. Flynn filed the following claim on
October 13, 1963 (Employes' Exhibit A), stating:
"Claim is filed in behalf of Mrs. M. C. Rawlins, furloughed clerk,
for five days' pay per week at the proper pro rata rate of claim clerk,
beginning on August 15, 1963, account junior clerk Curtis Beall
(former Central of Georgia employe) being worked extra in claim
department since approximately June 18, 1963.
NOTICE OF DESIRE TO RETAIN SENIORITY
(Revised, effective October 1, 1938)
All employes who have acquired a seniority status and who may be
cut off shall, provided they file their correct address in writing, with
proper officer within thirty (30) days after being cut off, be considered as furloughed. Such employes will retain and accumulate
seniority on their respective districts. When notified to return to fill.
a regularly assigned position to which they are entitled, shall return
within seven (7) days of the date so notified. In event an employe
so notified (by mail or telegram sent to address last given) fails to
report for duty or give satisfactory reason for their failure to so
report within such seven (7) days, shall be deemed to have resigned,
will forfeit all seniority on such district, and shall be stricken from
the seniority list thereof."
"RULE 46.
PRESERVATION OF RATES AND EMPLOYMENT
(a) (Effective June 1, 1921.) Employes temporarily or permanently assigned to higher rated positions shall receive the higher rates.
while occupying such positions; employes temporarily assigned to
lower rated positions shall not have their rates reduced. A 'temporary
assignment' contemplates the fulfillment of the duties and responsibilities of the position during the time occupied, whether the regular
occupant of the position is absent or whether the temporary assignee
does the work irrespective of the presence of the regular employe.
Assisting a higher rated employe due to a temporary increase in the
volume of work does not constitute a temporary assignment.
(Exhibits not reproduced.)
OPINION OF BOARD:
Carrier lists six different positions that Bealh.
worked in relief of regular assigned employes during the period of time covered
by the claim. Such relief work was occasioned by other clerical employes vacating their regular positions or taking their vacations.
Employes do not effectively refute that showing and, therefore, the provisions of 8(b) respecting establishment of a regular position do not apply..
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
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That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of March 1967.
Keenan Printing Go., Chicago, Ill. Printed in U.S.A.
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