NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(SUPPLEMENTAL)




PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS

AND STATION EMPLOYES


CHICAGO, MILWAUKEE, ST. PAUL AND

PACIFIC RAILROAD COMPANY


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6308) that:





EMPLOY ES' STATEMENT OF FACTS: On November 24, 1965, the Carrier established a new position at Redfield, Iowa, advertised in Bulletin No. 102 with the title classification of Station Clerk, rate of pay $20.4984 per day. This rate is now $21.2184 per day due to the general increase of 9c per hour or 72c per day effective January 1, 1966. See copy of Bulletin No. 102 attached as Employes' Exhibit "A."


Upon receipt of Balloting 102, the General Chairman promptly notified the Superintendent at Perry, Iowa that the rate of pay for Position 3271Station Clerk at Redfield was subject to negotiation under the provisions of Rule 18 due to the fact that there were no positions of a similar kind or class in the Seniority District. See Employes' Exhibit "B" attached.










OPINION OF BOARD: On November 24, 1965, Carrier established a new position at Redfield, Iowa, seniority district No. 33, advertised same by bulletin, a title of "Station Clerk" for "station work" duties, at a daily pay rate of $20.4984. This pay rate was changed to $21.2184 per day due to a general increase. Shortly after receipt of the bulletin the Organization notified the Carrier that the pay rate for the new position was subject to negotiations under Rule 18 of the Agreement in view of the fact that there were no positions of similar class or kind in that particular seniority district. On January 7, 1966, the new position in dispute was rebulletined with a title of "Clerk," for "station work" duties at a daily pay rate of $21.2184. Again the Organization claimed that the position was subject to Rule 18, there being no similar position, in the seniority district.


The Organization further complained that the preponderant duties of the new position was that of billing and expense clerk, and the rate established for this type work in the Regional Offices is $22.8424 per day which should apply to the Redfield position. Carrier agreed only that the position works a maximum of 21/2 hours per day in performing duties similar to a billing and expense clerk.


Rule 18 of the Agreement is very clear as to meaning and purpose. Carrier openly violates this Rule as it has in the past.


The Board must therefore find that the Carrier has violated the Agreement and the claim should be sustained as to Parts 1 and 2, only. Part 3 is dismissed. We have no power to set a rate. (16925)


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




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




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Claim sustained as to Parts 1 and 2. Part 3 is dismissed.






Dated at Chicago, Illinois, this 2nd day of May 1969.

Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.

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