NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

John H. Dorsey, Referee

THE BELT RAILWAY COMPANY OF CHICAGO

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6228) that:

1. The Carrier violated the Clerks' Agreement when it utilized the services of outsiders having no previous employment relationship or seniority, on an extra basis to relieve temporary vacancies and/or positions pending assignment by bulletin, rest day work and such extra work as may occur.

2. That employes with established seniority rights, who were available, willing, able and qualified to perform the work in question be allowed a day's pay, at the applicable overtime rate of the position and/or work involved effective with the period here involved, namely, November 22, 1965 to and including March 20, 1966 and continuing thereafter until corrective measures are applied.

3. The names of Claimants, dates on which the violation occurred, the rates of .pay involved, vacancy and/or work involved and the names of the outsiders used for the performance of the work in question have been furnished to the Carrier at all stages of handling, and are attached hereto as Appendix "A."

EMPLOYES' STATEMENT OF FACTS: The Carrier performs switching and transfer service in the Chicago Switching District with line haul and other switching Carriers, and in addition serves industries along its line of railroad. It maintains yards at South Chicago, 87th Street, West 22nd Street and Clearing, Illinois. Each of the four locations are from two to twenty miles apart. Its largest car handling operation is performed at Clearing Station. It maintains office forces at different locations in Clearing such as, the East and West Yard Office, East and West Sub-Offices and Agent's Central Office. Each of the locations are from one to two miles apart and collectively they are known as part of the Clearing Facility.

Prior to March 1, 1964, or the execution of a new agreement, which became effective March 1, 1964, all of the aforementioned locations at Clearing, as well as the yards located at South Chicago, 87th Street and West 22nd Street

2. Furloughed employes desiring to be considered available to perform such extra and relief work will notify the proper officer of the Carrier in writing, with copy to the General Chairman, that they will be available and desire to be used for such work. A furloughed employe may withdraw his written notice of willingness to perform such work at any time before being called for such service by giving written notice to that effect to the proper Carrier officer, with copy to the General Chairman. If such employe should again desire to be considered available for such service, notice to that effect, as outlined hereinabove, must again be given in writing. Furloughed employes who would not at all times be available for such service will not be considered available for extra and relief work under the provisions of this rule. Furloughed employes so used will not be subject to rules of the applicable collective agreements which require advance notice before reduction of force.

3. Furloughed employes who have indicated their desire to participate in such extra and relief work will be called in seniority order for this service. Where extra lists are maintained under the rules of the applicable agreement such employes will be placed on the extra list in seniority order and used in accordance with the rules of this agreement."' (Emphasis ours.)

That the parties waived oral hearing;

That Carrier violated the Agreement.

AWARD Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary