NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

G. Dan Rambo, Referee

BROTHERHOOD OF RAILWAY AND STEAMSHIP

CLERKS, FRIEGHT HANDLERS, EXPRESS AND

STATION EMPLOYES

SOUTHERN RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5977) that:

(a) The Carrier violated the Agreement when it failed and refused to assign Mr. J. R. McIntosh, Computer Equipment Operator, to the position of Computer Operator, on the 7040 Computer, as advertised in Bulletins Nos. 14 and 17 of September 29, 1964. In lieu thereof, these positions were assigned to Messrs. R. W. Woodward and K. D. Dobbins, junior employees in the Computer Center.

(b) Carrier shall now assign Mr. McIntosh to the position of Computer Operator, 7040 Computer and compensate him at the rate of that position beginning October 7, 1964 and each day thereafter until he is assigned as Computer Operator on the 7040 Computer as advertised in Bulletins No. 14 and 17 of September 29, 1964 or any other position he bid on that his seniority entitled him to with respective rate of pay.

EMPLOYES' STATEMENT OF FACTS: This dispute is between the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes as the representative of the Class or Craft of employees in which the claimant in this case holds a position and the Southern Railway Company.

Mr. J. R. McIntosh is carried on the Southern Railway System, VicePresident-Staff, Atlanta, Georgia, Seniority Roster "B", with a seniority date of June 16, 1963. He is shown on the roster as holding a position of Relief Tape Librarian, Employees' Exhibit "A".

In the year 1956, the Southern Railway announced its intention to install a Type IBM-705 electronic data processing machine and certain auxiliary computing equipment in their General Office Building, Atlanta, Georgia.

In November of that year, two mutually acceptable, separate, Memorandum Agreements were entered into with respect to the rights of clerical employees to positions that were needed and subsequently established to operate this new equipment. Attached as Employees' Exhibits "B" and "C" are copies of these Agreements.

location, title, rate of pay, and preponderating duties of position, number of hours assigned per day, and number of days assigned per week, subject to reduction in weeks in which holidays occur by the number of such holidays. Employees desiring such position must, within five calendar days (except in General Offices at Washington, Cincinnati, Atlanta, and Chattanooga, where the period shall be two working days) after bulletin is posted, make written application to the officer issuing the bulletin. The bulletin shall expire at twelve o'clock midnight on the fifth or second day, as the case may be. From these applications the senior qualified employee shall be assigned to the position within fifteen (15) days, and bulletin will be posted giving name of successful applieant. If requested, copy of all bulletins will be furnished Local Chairman.

(Exhibits not reproduced)

OPINION OF BOARD: The statement of claim, the issues and the parties are identical to those raised and disposed of in companion Award 17378 (Rambo) and that award is considered controlling in this matter.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and 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

That the Agreement was not violated.

AWARD

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: S. H. Schulty

Executive Secretary