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-5965) that:





EMPLOYES' STATEMENT OF FACTS: Claimants as of dates of claim were extra men subject to being called for work in seniority order in accordance with the provisions of a Memorandum Agreement signed April 25, 1957, and amended October 1, 1959 and January 14, 1964. Copy of the amended Agreement is attached as Employ& Exhibit No. 1. This Agreement is also identified as Appendix H of the printed Agreement with the exception that Exhibit No. 1 carries the January 14, 1964 amendment to Article II, Section (d).


Birthdays of claimants Doyle and Kimberling occurred October 4 and August 31, 1965, respectively. Although possessing sufficient seniority to be called the Carrier did not call them pursuant to a notice posted January 1, 1965, by Mail Agent, Mr. V. F. Joel, reading:







CARRIER'S STATEMENT OF FACTS: Claimant Extra Mail Handlers Woo. P. Doyle and R. J. Kimberling were assigned to the extra board. Extra employes are called in seniority order to fill short vacancies in the Mail and Baggage Department.


In Claim (a), Monday, October 4, 1965, was Claimant Doyle's birthday and he was not called for service.


In Claim (b), Tuesday, August 31, 1965, was Claimant Kimberling's birthday, and he was not called for service.


Claim was submitted for a day's pay at time and one-half rate account not called for service in seniority order on the claim dates.


OPINION OF BOARD: This case involves the same parties, Agreement and issue as in Award Nos. 15598 and 15599. For reasons stated in Award No. 15598 we will sustain the instant Claim.


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





    Claim sustained.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 30th day of June 1967.

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