Award Number 17675
Docket Number CL-18185
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Gene T. Ritter, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
NORTHERN PACIFIC RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6586) that:
(1) The Carrier violated the rules of the Clerks' Agreement effective
July 1, 1963, specifically Rule 47, when it failed to compensate
Clarence E. Bruckner, Clerk, Purchasing Department, St. Paul
General Office, at the rate of $23.50 per day, commencing with
May 19, 1967, and
(2) The Carrier now compensate Clarence E. Bruckner $2.6067 per
day in addition to the compensation already received, commencing with May 19, 1967, which amount represents the difference
between $23.50 per day and $20.8933 per day.
EMPLOYES' STATEMENT OF FACTS: Clarence E. Bruckner has es-
tablished a seniority date as of November 21, 1966 in the Purchasing Depart
ment of the St. Paul General Office. _
On April 26, 1967, the following bulletin was issued by the Director of
Purchases, calling for applicants for a position of Clerk, Price Record and Bill
Desk:
"NORTHERN PACIFIC RAILWAY COMPANY
OFFICE OF DIRECTOR OF PURCHASES
Place St. Paul Minnesota
Date April 26, 1967
Bulletin No. 9
ALL CONCERNED:
Applications will be received until 10:30 A.M. April 28, 1967
(Time) (Date)
for the follownig position:
Title of Position: Clerk, Price Record & Bill Desk
Location: Purchasing Department
chases in behalf of Mr. Bruckner. This claim requested an additional
$2.6067 per day from May 19, 1967.
On October 31, 1967, the above-mentioned claim was appealed in behalf
of Mr. Bruckner by the General Chairman, BRAC, to the highest officer
designated to receive appeals. This claim was declined on November 7, 1967
During negotiations an offer was made to recognize Mr. Bruckner's business school training and to raise his rate to the full rate of the position effective July 1, 1968. This offer was rejected and Mr. Bruckner continued to receive 640 per day less than the full rate until his completion of the two years'
experience on November 20, 1968.
Subsequent negotiations failed to resolve this claim. Copies of pertinent
correspondence concerning this claim are attached as Carrier's Exhibit "A".
(Exhibits Not Reproduced)
OPINION OF BOARD: On April 26, 1967, Carrier issued a bulletin calling for applicants for position of Clerk, Price Record and Bill Desk at a rate
of pay of $23.50 per day. On May 19, 1967, this position was awarded to
Claimant, but at a daily pay rate of $20.8933 (Apprentice Rate) per day. The
Organization relies on Rule 47 of the Agreement, which is:
"Rating Positions.
Rule 47. Positions (Not Employes) shall be rated and the transfer
of rates from one position to another shall not be permitted unless
agreed to by the Management and the General Chairman."
Carrier contends that Claimant's rate of pay is based on a wage sacle program inaugurated by the United States Railroad Labor Board in 1921 (effective 1922) and identified by Decision No. 147. Carrier submits that by virtue of
Decision 147, the rates in effect on the position in question during 1967 were
as follows:
No experience or less than one half year: $20.4901 per day.
Less than one and more than one half year: $20.8933 per day.
Less than two and more than one year: $.64 per day less than
full rate of position.
Two or more years experience: $ - Full rate of
position occupied.
The record firmly establishes the fact that since 1921 this property has had
in effect and has applied an apprentice clerk's graded rate wage schedule. This
fact was established in the record by documentary references to the apprentice
program by Carrier, General Chairman and Division Chairman covering a
period of time from 1921 to 1967.
This Board finds that because of the long tenure of the apprentice program on this property adhered to by both Carrier and Organization, this program is as binding on the parties as if it were set out in detail in the signatory
Agreement.
The Apprentice program does not abrogate nor conflict with Rule 47 of
the Agreement. Rule 47 relates to the full rate. The apprentice program merely
17675 4
outlines the conditions precedent for au inexperienced employee to become
eligible for full rate pay.
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
Dated at Chicago, Illinois, this 22nd day of January 1973.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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