NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

Herbert J. Mesigh, Referee

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAIL

ROAD COMPANY

1. Carrier violated the Clerks' Rules Agreement at Minneapolis, Minn. by unilaterally removing regularly assigned employes from their regular positions to perform Keypunching, thereby requir ing them to suspend work of their own position to absorb overtime that otherwise would have been required of a Keypunch Operator position.

2. Carrier shall now be required to compensate B. C. Ruddy, Jr., regularly assigned occupant of Keypunch Operator Position No. 8774 at the penalty rate of his position for the number of hours on the dates as shown:

4/ 2/65-5 hrs. 45 min. 5/ 3/65-5 hrs. 35 min.

4/ 4/65-5 hrs. 55 min. 5/ 6/65-5 hrs. 49 min.

4/ 5/65-5 hrs. 50 min. 5/10/65-7 hrs.

4/ 6/65-5 hrs. 55 min. 5/13/65-6 hrs. 55 min.

4/ 7/65-5 hrs. 49 min. 5/14/65-6 hrs. 49 min.

4/ 8/65-5 hrs. 45 min. 5/17/65-6 hrs. 50 min.

4/ 9/65-5 hrs. 40 min. 5/18/65-6 hrs. 45 min.

4/12/65-5 hrs. 45 min. 5/19/65-6 hrs. 50 min.

4/14/65-5 hrs. 40 min. 5/20/65-6 hrs. 50 min.

4/15/65 5 hrs. 55 min. 5/21/65-5 hrs. 57 min.

4/27/65-14 hrs. 5/25/65-5 brs. 50 min.

4/28/65-12 hrs. 30 min. 5/26/65-5 hrs. 45 min.

4/29/65-12 hrs. 5/27/65-5 hrs. 49 min.

4/30/65-13 bra.

3. Carrier violated the provisions of Section 1(a) of Article V of the Agreement of August 21, 1954 when Regional Data Manager wend failed to decline the claims for April 2, 4, 5, 6, 7, 8 and 9, 1965 within 60 days from dates filed and failed and refused to allow the claims as presented for those dates.

On each of the dates shown above when higher rated employes Severson, Thelen, Ryan and Rood were temporarily assigned by proper authority to lower rated Keypunch Operator-Clerk positions they did not have their rates reduced, but instead were compensated for 8 pro rata hours each day at the higher rates of the positions to which they were regularly assigned and/or occupying.

Letter written by Mr. S. W. Amour, Assistant to Vice President, to Mr. H. V. Gilligan, former General Chairman, under date of December 9, 1965-Carrier's Exhibit "A"

Letter written by Mr. Amour to Mr. Gilligan under date of January 26, 1966-Carrier's Exhibit "B"

Letter written by Mr. Amour to Mr. Gilligan under date of May 5, 1966-Carrier's Exhibit "C"

Notarized letter written by Mr. K. J. Wencl, Regional Data Manager at Minneapolis, Minnesota to Mr. Amour under date of April 27, 1966, which letter constitutes a notarized statement on the part of Mr. Wencle-Carrier's Exhibit "D"

(Exhibits not reproduced)

OPINION OF BOARD: This is a companion case to Docket CL-16503, Award No. 17206. It is agreed as far as the rights of the parties are concerned, the two cases are essentially the same issue and may be disposed of in the same manner; therefore, since no violation of the Agreement was found in Docket CL-16503, Award No. 17206, this claim 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