NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

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




Brotherhood (GL-5801) that:

(1) The Carrier violated and continues to violate the rules of the Miscellaneous Employes' Agreement effective June 30, 1960, as amended, when without conference or agreement it arbitrarily and unilaterally abolished all positions in the Superintendent's Office at Macon, Georgia and transferred the work attached to these positions to the Office of the Superintendent, Southern Railway Company at Macon, Georgia; and,


(2) Office Porter Greene Bussey, salary $385.31 per month (174 hours' service per month), and/or the person(s) who may have been working on this position on temporary basis shall be reimbursed for all salary losses from August 17, 1964 and have all other rights restored which are contemplated by the Agreement, this claim to remain in effect until all of the work and/or positions are restored to Central Of Georgia Laborers' performance; and






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





    Claim sustained in accordance with above Opinion.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary

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

              (Referee Engelatein)


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

                      D. E. Watkins

                      Labor Member

                      8-18-67

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