Award Number 17478 Docket Number CL-17777

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Robert C. McCandless, Referee

BROTHERHOOD OF RAILWAY, AIRLINE AND

STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS

& STATION EMPLOYES

THE BELT RAILWAY COMPANY OF CHICAGO

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6458) that:

1. The Carrier violated the Clerks' Agreement when it utilized the services of outsiders having no previous employment relationship or seniority, on an extra basis to relieve temporary vacancies and/or positions pending assignment by bulletin, rest day work and such extra work as may occur.

2. That employes with established seniority rights, who were available, willing, able and qualified to perform the work in question be allowed a day's pay, at the applicable overtime rate of the position and/or work involved effective with the period here involved, namely, March 23, 1967 to and including July 23, 1967 and continuing thereafter until corrective measures are applied.

3. The names of Claimants, dates on which the violation occurred, the rates of pay involved, vacancy and/or work involved and the names of the outsiders used for the performance of the work in question have been furnished to the Carrier at all stages of handling, and are attached hereto as Appendix "A".

EMPLOYES' STATEMENT OF FACTS: The Carrier performs switching and transfer service in the Chicago Switching District with line haul and other switching carriers, and in addition serves industries along its line of railroad. It maintains yards at South Chicago, 87th Street, West 22nd Street and Clearing, Illinois. Each of the four locations are from two to twenty miles apart. Its largest car handling operation is performed at Clearing Station. It maintains office forces at different locations in Clearing such as, the East and West Yard Office East and West sub-offices and Agent's Central Office. Each of the locations are from one to two miles apart and collectively they are known as part of the Clearing facility.

Prior to March 1, 1964, or the execution of a new agreement, which became effective March 1, 1964, all of the aforementioned locations at Clearing, as well as the Yards located at South Chicago, 87th Street and West 22nd Street Stations, were located in what was known as Seniority District No. 9 and temporary vacancies and/or positions pending assignment

so-called "outsiders" were used as listed on the seven page attachment to your letter.

As we have previously explained to you, we did not use "outsiders", but instead in each instance clerks were used who properly established seniority under our agreement.

There is no valid basis for these claims and they are declined.

Yours truly,