NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY & STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS & STATION
EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD
COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6065) that:
1. Carrier violated the Clerks' Rules Agreement at Minneapolis, Minn. by unilaterally removing regularly assigned employes from their regular positions to perform Keypunching, thereby requiring 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:
3. Carrier violated the provisions of Section 1(a) of Article V of the August 21, 1954 Agreement when Regional Data Manager Wencl failed to decline claims for March 18 and 19, 1965 within 60 days from the date presented, and failed and refused to allow claims for those dates as presented.
EMPLOYES' STATEMENT OF FACTS: Employe B. C. Ruddy, Jr. is the regularly assigned occupant of Keypunch Operator Clerk Position No. 8774 at Minneapolis, Minn. in Seniority District No. 150. Position No.
On the dates indicated below and for the amount of time shown opposite each date, employe D. Hutchinson, the occupant of Comptometer Operator Position No. 8769 (rate-$21.7124 per day), was temporarily assigned by proper authority to Keypunch Operator-Clerk Position No. 8775 (rate-$21.4624 per day) during which time employe Hutchinson fulfilled the duties and responsibilities of Keypunch Operator-Clerk Position No. 8775.
On each of the dates shown above when higher rated employes Murray, Ryan and Hutchinson 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.
OPINION OF BOARD: This is a companion case to Docket CIr16503, 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 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;