-._ Award Number 17921
Docket Number CL-18243
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6569) that:
1) Carrier violated. and continues to violate, the Clerks' Agreement
at Cedar Rapids, Iowa when it uses employe R. V. Shive to fill
Yard Clerk Position 33810 after he forfeited his seniority rights.
2) Carrier shall be required to terminate the seniority of employe
R. F. Shive and remove his name from the seniority roster in
District 33.
3) Carrier shall be required to bulletin Yard Clerk Position 33810
as a vacancy.
4) Carrier shall be required to compensate employe J. J. Trimble
for eight (8) hours pay at the time and one-half rate of Yard
Clerk Position 33810 for each of the following dates:
November 5, 11, 12, 18, 19, 25, 26, 1967
December 2, 3, 8, 9, 10, 11, 14, 15, 16, 17, 18, 22, 23, 24 and
28, 1967.
5) Carrier shall be required to compensate employe E. L. McMickle
for eight (8) hours pay at the time and one-half rate of Yard
Clerk Position 33810 for each of the following dates:
November 6, 7, 8, 13, 14, 15, 20, 21, 22, 27, 28, 29, December
4, 5 and 6, 1967.
6) Carrier shall be required to compensate employe R. C. Sharp for
eight (8) hours pay at the time and one-half rate of Yard Clerk
Position 33810 for December 11, 1967.
EMPLOYES' STATEMENT OF FACTS:
The employment and seniority
status in District No. 33 of the claimants involved in this dispute are as
follows:
Mr. S. W. Amour to Mr. H. C. Hopper
under date of February 9, 1968 "A-6"
Mr. E. L. MeMickle to Mr. R. L. Martin
under date of December 28, 1967 "B-1"
Mr. R. L. Martin to Mr. E. L. MeMickle
under date of January 4, 1968 "B-2"
Mr. E. L. McMickle to Mr. R. L. Martin
under date of January 5, 1967 (date
should have been correctly written as
January 5, 1968 "B-3"
Mr. H. C. Hopper to Mr. R. L. Martin
under date of January 29, 1968 "B-4"
Mr. R. L. Martin to Mr. H. C. Hopper
under date of February 23, 1968 "B-5"
Mr. H. C. Hopper to Mr. R. L. Martin
under date of February 28, 1968 "B-6"
Mr. H. C. Hopper to Mr. S. W. Amour
under date of February 28, 1968 "B-7"
Mr. S. W. Amour to Mr. H. C. Hopper
under date of April 2, 1968 "B-8"
Mr. H. C. Hopper to Mr. S. W. Amour
under date of April 8, 1968 "B-9"
Mr. H. C. Hopper to Mr. S. W. Amour
under date of April 26, 1968 "B-10"
Mr. S. W. Amour to Mr. H. C. Hopper
under date of May 1, 1968.
(Attachment included) "B-11"
Mr. S. W. Amour to Mr. H. C. Hopper
under date of August 5, 1968.
(Attachments thereto not reproduced here) "C-1"
Mr. H. C. Hopper to Mr. S. W. Amour
under date of August 21, 1968.
(Attachment thereto not reproduced here) "C-2"
Mr. S. W. Amour to Mr. H. C. Hopper
under date of August 26, 1968 "C-3"
Mr. H. C. Hopper to Mr. S. W. Amour
under date of September 9, 1968 "C-4"
Mr. L. W. Harrington (Mr. S. W. Amour's successor)
to Mr. H. C. Hopper under date of October 15, 1968.
(Attachments thereto not reproduced here) "C-5"
(Exhibits Not Reproduced)
OPINION OF BOARD:
The date of the occurrence giving rise to the
claim herein was November 5, 1967.
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Upon a careful review of the entire record, the Board agrees with the
argument by and in behalf of the Carrier that Parts 2 and 3 of the claim
have not been handled in accordance with the requirements of Rule 36 of the
applicable Agreement and are barred from consideration by the Board Parts
1, 4, 5 and 6 of the claim, being contingent upon a determination of Parts
2 and 3, will necessarily be dismissed.
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 claim be dismissed.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 21st day of May 1970.
Central
Publishing Co
., Indianapolis, Ind. 46206 Printed in U.S.A.
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