~r _.- Award No. 16834
Docket No. CL-17516
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6396) that:
1. Carrier violated the Clerks' Agreement when, effective at close
of business Monday, December 27, 1965, it nominally abolished the
position of Cashier at Garden, Arkansas, and effective Tuesday,
December 28, 1965, required the Star Agent to perform the Cashier
work, in violation of Rules 1, 2, 3, 5, 25, 45 and related rules of the
Clerks' Agreement.
2. The Carrier shall be required to compensate Mr. D. R. Howell,
General Clerk, for six hours at Cashier's punitive hourly rate of
$4.13625, amount $24.82, for December 28, 1965, with claims continuing on the same basis for the claimant or his successor(s) for each
day, Monday through Saturday, subsequent to December 28, 1965, until
the claims are allowed and the clerical work is returned to employes
subject to the scope of the Clerks' Agreement.
NOTE: Claims are subject to all general wage increases obtained
subsequent to the first claim date.
EMPLOYES' STATEMENT OF FACTS: Gurdon, Arkansas, is located
about eight miles south and west of Little Rock, Arkansas on the Arkansas
Division.
For many years the Carrier had maintained a clerical force at the Passenger Station and Freight and Yard Offices at Gordon, Arkansas.
The clerical forces employed at Gordon, Arkansas are reflected in the
following statement beginning with the Mediation Wage Agreement of November 1, 1928. There were clerical forces at Gordon for many years prior to
November 1, 1928, but wage rate sheets for those years are not available to
the Employes at this time.
It is also our position that the claim must be limited to straight
time rate of pay where no work is performed by the claimant in excess
of eight hours as in the instant case.
Yours truly,
/s/ B. W. Smith
bee: Mr. J. G. Sheppard (F-62437)"
OPINION OF BOARD:
The dispute herein involves the same parties, the
same agreement, and similar contentions as involved in Award 16833. For the
reasons stated in that Award, the claim herein will be denied.
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, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 19th day of December 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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