NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John B. Criswell, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
NEW ORLEANS PUBLIC BELT RAILROAD
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6502) that:
1. (a) The Carrier violated the Clerks' Agreement, particularly Section IV, Rules 2, 4, 8 and 13, when on May 5, 1967, it took
the position that Miss Barbara J. Taylor in relinquishing the excepted
position of Secretary to the Secretary-Treasurer was the same as
a resignation or voluntary quit and disqualified her from exercising
her seniority rights under the Agreement.
(b) Barbara J. Taylor shall now be permitted to exercise
her seniority, retained under Section IV, Rule 13, of the Agreement,
to positions under bulletin subsequent to her relinquishing the excepted position of Secretary to Secretary-Treasurer, listed in Section 1, Rule 4(o) of the Agreement.
(c) Barbara J. Taylor shall now be paid one day's pay for
May 22, 1967, and every day thereafter, up to and including June
13, 1967, account (Mrs.) Anne E. McLeskey being temporarily appointed to forty (40) hour week assignment as General Stenographer-Clerk effective 8:00 A. M., May 22, 1967.
(d) Barbara J. Taylor shall now be paid one (1) day's pay
for June 14, 7967, and every day thereafter that (Mrs.) Anne I3.
McLeskey is allowed to work assignment as Stenographer-Clerk
(Job Code No. 3601), as described in Bulletin No. 1212, dated June
2, 1967; also for one (1) day's pay for any days Mrs. McLeskey
may be absent due to being sick, on leave, or on vacation, and until
this claim is settled.
EMPLOYES' STATEMENT OF FACTS: On April 21, 1967, the claimant in this case, Barbara J. Taylor, with seniority date of April 14, 1965,
as listed on seniority roster dated January 18, 1967, addressed letter to
OPINION OF BOARD:
Claimant was employed by Carrier April 14,
1965, as a stenographer-clerk, and on March 21, 1966, appointed to the
excepted position of Secretary to the Secretary-Treasurer. On April 21, 1967,
Claimant informed the Acting General Manager and the Chief Clerk to General Manager by letter that she relinquished her position as of that date, but
wished to retain her seniority as a clerk.
Carrier wrote Claimant, on May 5, 1967, that her action was the same
as a resignation or voluntary quit, and by simultaneously taking an unauthorized leave of absence was disqualified under the Agreement to exercise her former seniority.
So long as Claimant retained her excepted position she also retained
her seniority rights. This is in accordance with Section IV, Rule 13 of the
Agreement:
"An employe accepting an official position with the railroad
forfeits thereby no seniority rights."
However, when Claimant relinquished her position, and, in effect, took
unauthorized leave in anticipation of bidding for the next or some subsequent position, she forfeited her seniority rights. She would then have been
required to re-enter the service of Carrier under Section IV, Rule 3 (a) of the
agreement as a new employe.
Therefore, we find that Carrier did not violate the Agreement.
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 20th day of February, 1969.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
16966 6