NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-6336) that:
1. Carrier violated rules of the Clerks' Agreement when it created
a new position of Tariff Bill Clerk at the rate of $22.61 per day on
April 25, 1966.
2. Carrier shall now rebulletin this position at rate of $24.31 per
day.
3. Mr. D. F. Smith shall now be paid the difference between $22.61
and $24.31 per day, or $1.70 per day, plus subsequent increase retroactive to July 1, 1966 for each and every day he occupies this position,
and continuing until this violation is corrected.
EMPLOYES' STATEMENT OF FACTS:
Under date of April 25; 1966,
Bulletin No. 1846 was posted in the Carrier's Traffic Department at Denver,
Colorado, advertising new position titled "Tariff Bill Clerk" at rate of $22.61
per day (Employes' Exhibit No. 1). Position was assigned to D. F. Smith,
Claimant.
Under date of April 27, 1966, the Local Chairman wrote Mr. C. R. Lennig,
Assistant Vice President-Traffic, protesting the rate of pay shown on Bulletin
No. 1846 and called his attention to the provisions of Rule 53 (Employes'
Exhibit No. 2). Mr. Lennig rejected the Local Chairman's protest in his letter
of May 4, 1966, (Employes' Exhibit No. 3).
Position titled "Tariff Bill Clerk" was abolished at close of business
December 7, 1965, Bulletin No. 1818, (Employes' Exhibit No. 4). The work
attached to this abolished position was assigned to Tariff Compiler No. 2 position. As previously stated, a new position titled "Tariff Bill Clerk" was
bulletined under date of April 25, 1966, Bulletin No. 1846, at rate of pay
lower than Tariff Compiler No. 2 in that department.
1. Carrier violated rules of the Clerks' Agreement when
it created a new position of Tariff Bill Clerk at the rate
of $22.61 per day on April 25, 1966.
2. Carrier shall now rebulletin this position at the rate
of $24.31 per day.
3. Mr. D. F. Smith shall now be paid the difference
between $22.61 and $24.31, or $1.70 per day,
retroactive to
July 1, 1966.'
Carrier's position in this case is unchanged and the claim remains
denied.
Yours truly,
/s/ E. B. Herdman
E. B. Herdman
Dir. of Personnel"
The position of Tariff Bill Clerk advertised in Carrier's Bulletin No. 1846
was awarded to Mr. D. F. Smith after which his former position of Tariff
Compiler No. 2 was advertised in Bulletin No. 1852, copy of this bulletin is
shown below:
"BULLETIN
(Advertising New Position or Vacancy)
Place: Denver, Colorado Date: April 29, 1966 Bulletin No.:
1852
All Concerned:
The following position is hereby advertised for applications or
bids in accordance with Rule 10 of the Clerks' Agreement. Applications or bids shall be submitted to the undersigned (Copy to the Local
Chairman) where they will be received up to: 4:45 P. M., May 3, 1966.
Location: Denver, Colorado Title of Position: Tariff Compiler #2
Rate of Pay: $24.31 per day Hrs. of Assignment: 8 AM to 4:45 PM
Assigned Rest Days: Sat&Sun Meal Period: 12 Noon to 12:45 PM
Vacated By: D. F. Smith Permanent or Temporary: Permanent
Principal Duties: Compile freight tariffs in accordance with all rules
and regulations, handle correspondence pertaining thereto, also
other related duties.
cc: J. A. Witherwax C. M. Wildt
R. J. Schneider J. L. Wells
A. D. Cox F. J. Corrigan
/s/ C. J. Harbeke (Name of Official)
Title: Vice President-Traffic"
OPINION OF BOARD: Under date of April 25, 1966, Carrier posted
Bulletin No. 1846 advertising position of Tariff Bill Clerk with rate of pay
of $22.61 per day. On June 12, 1966, Clerks filed claim that the rate of pay
16553
for the position should be $23.81 per day. Carrier's representative authorized
to receive the claim denied it on July 25, 1966. On August 30, 1966, Clerks
withdrew the claim and then under that date filed another claim alleging
the identical violation and naming the same Claimant.
Carrier, citing Section 1(b), Article V of the August 21, 1954 Agreement, argues that Clerks withdrawal of the June 12, 1966 claim without
perfecting an appeal after denial by Carrier bars Clerks from again filing the
identical claim. Carrier moves that we dismiss the claim. Motion granted. See
Award Nos. 10251, 10453, 12851, 16010, 16265.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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, 19134;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim is barred under Article V of the August 21, 1954 National
Agreement.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of August 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
16553 10