THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

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




Brotherhood (GL-5779) that:

(1) The Carrier has violated and continues to violate the rules of the Clerks' Agreement effective December 1, 1956, as amended, when without conference or agreement it arbitrarily and unilaterally abolished the positions of Chief Clerk, salary $578.55 per month; Clerk-Stenographer, salary $447.99 per month; Clerk-Stenographer, salary $462.38 per month; Clerk-Stenographer, salary $445.94 per month; and Secretary, salary $483.34 per month, Office of Superintendent, Macon and Savannah Divisions, Macon, Georgia and transferred the work attached to these positions to the Southern Railway Company; and,


(2) Chief Clerk Lee W. Snyder, Clerk-Stenographer Katherine Walters, Clerk-Stenographer E. R. Boyd, Clerk-Stenographer R. G. Barnes, Secretary T. V. Rilery and/or the persons) who may have been working on any of these positions on temporary basis shall be reimbursed for all salary losses sustained from August 15, 1964 and have all other rights restored which are contemplated, related to, or are otherwise attached to the Clerks' Agreement-this claim to remain in effect until all work and/or positions above referred to are restored to Central of Georgia Clerks' performance; and,


(3) All of those Clerks on the Macon and Columbus Divisions who have been or may be displaced as result of this action shall likewise be compensated in full for all salary and wage losses and shall have all other rights which are attached to, contemplated by, related to or otherwise associated with the Clerks' Agreement, restored to them in the same manner; and,


(4) All of the employes affected shall, if the work remains transferred to the Southern Railway Company, have their seniority




OPINION OF BOARD: For the reasons set forth in Awards 15679, 15028, 15460, and 15477, we hold the Agreement was violated and compensation is allowed to make Claimants whole according to the guidelines followed in these Awards.


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.









Dated at Chicago, Illinois, this 23rd day of June 1967.

LABOR MEMBER'S ANSWER TO CARRIER MEMBERS' DISSENT TO

AWARD NO. 15679, DOCKET CL-15670

AWARD NO. 15680, DOCKET CL-15704

AWARD NO. 15681, DOCKET CL-15705

AWARD NO. 15682, DOCKET CL-15706

AWARD NO. 15683, DOCKET CL-15707

AWARD NO. 15684, DOCKET CL-15859




The Carrier Members' dissent with respect to jurisdiction is certainly unsound inasmuch as these were disputes growing out of grievances or out of


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the interpretation or application of Agreements covering rates of pay, rules, or working conditions.

If there is a deficiency in the Awards it arises from the adoption of other Awards as a remedy herein which quite possibly could result in confusion necessitating clarification. Vagueness, which invites further argument, does not serve the purpose of furnishing prompt and orderly settlement of such disputes.



                      8-18-67


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