PARTIES TO DISPUTE:

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

THE OGDEN UNION RAILWAY AND DEPOT COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GI,-6390) that:

(a) The Carrier violated the several terms of the Agreement, including the Forty-Hour Work-Week-Rule, when it abolished three five-day clerical positions in the office of the General Car Foreman and established in lieu thereof two seven-day clerical positions and one rest-day relief position which was assigned with one fill-in shift on Wednesday to fill a regular forty-hour week assignment. Thus working two clerks on Sunday at the pro-rata rate of pay; and




(d) The Carrier shall be required to pay to Mrs. B. T. Simpson one day's pay at the pro-rata rate for Thursday and Friday, September 22 and 23, 1966 and like amount for each Thursday and Friday thereafter when not worked (which days were regular work days on her former assignment before being improperly assigned to work on Sundays).


EMPLOYES' STATEMENT OF FACTS: Before the date of September 1, 1949 (National Agreement dated March 19, 1949) there did exist in the office of the General Car Foreman at Ogden, Utah three clerical positions fully covered by the scope and operation of the Brotherhood's Agreement, which





The Carrier's communication of December 19, 1966, (Carrier's Exhibit H,) was never answered by the Organization and no further handling of the claim on the property ensued. Conference was neither requested nor held.




OPINION OF BOARD: The Carrier has objected to the jurisdiction of this Board on the grounds that no conference was held by the parties to consider and attempt to reach agreement on this dispute in accordance with the requirements of Section 2, second, of the Amended Railway Labor Act and Circular No. 1 of the National Railroad Adjustment Board, dated October 10, 1934.


We have searched the record and find no evidence that a conference was held. That a conference be held is a mandatory jurisdictional requirement. See Awards 15622, 15400, 16614, 16370, 15606, 15617, 15534 and 16848.


The Organization alleges that it and the Carrier have agreed to a procedure of processing claims to this Board which does not require a conference. We find no evidence which satisfies the final provision of Section 2, Sixth of the Amended Railway Labor Act which reads as follows:



The holding by Referee Heskett in Award No. 16567 that "Section 2, Second, is mandatory unless an Agreement doing away with conferences is made" is good law.




FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:




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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













Dated at Chicago, Illinois, this 24th day of January 1969.

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

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