-.- Award Number 17380
Docket Number CL-16331
NATIONAL, RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
G.
Dan Rambo, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP.
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-5979) that:
(a) The Carrier violated the Agreement when it failed and refused to assign Mr. J. T. Foster, Computer Operator, 705 and
7074 Computers, to the position of Computer Operator, 7040
Computer, as advertised in Bulletin No. 12 of September 29,
1964. In lieu thereof, this position was assigned to Mrs. V. W.
Wayman, a junior employee in the Computer Center.
(b) Carrier shall now assign Mr. Foster to the position of Computer Operator, 7040 Computer and compensate him at the rate
of that position beginning October 7, 1964 and each succeeding
day thereafter until he is assigned as Computer Operator on the
7040 Computer as advertised on Bulletin No. 12 of September
29, 1964, or any other position he bid on that his seniority
entitles him with the respective rate of pay.
EMPLOYES' STATEMENT OF FACTS:
This dispute is between the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
ind Station Employes as the representative of the class or craft of em)loyees in which the claimant in this case holds a position and the
southern Railway Company.
Mr. J. T. Foster is carried on the Southern Railway System, Vice
President-Staff, Atlanta, Georgia, Seniority Roster "B", with a seniority
late of March 3, 1958. He is shown on the roster as holding a position of
I
~omputer Operator, 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
-omputing equipment in their General Office Building, Atlanta, Georgia.
In November of that year, two mutually acceptable, separate, Memoranlum Agreements were entered into with respect to the rights of clerical
·mployees to positions that were needed and subsequently established to
)perate this new equipment. Attached as Employees Exhibits "B" and "C"
tie copies of these Agreements.
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 applicant. 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
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 1st day of August 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
17380
is