BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
EMPLOYES' STATEMENT OF FACTS: The Comptroller's Department constitutes one seniority district and the Freight Revenue Accounting Department constitutes one seniority district in the application of Rule 4 of the July 1, 1963 Clerks' Agreement. These seniority districts are located in the St. Paul General Office.
The following employes, who have acquired seniority in the Freight Revenue Accounting Department, are assigned to the positions specified, working from 7:45 A. M. to 4:30 P. M., Monday through Friday.
L. S. Johnson is assigned to a position of Special Accountant in the Comptroller's Department. The position of Special Accountant is specified in Rule 1(c) (exempt positions) of the July 1, 1963 Clerks' Agreement. The position of Special Accountant is paid a monthly rate to cover all services rendered.
Prior to October 9, 1967, each of the thirteen employes employed in the Freight Revenue Accounting Department, heremabove specified, performed the work of securing abstract runs, account books, white slips, accounts and the work of retaining, counting, and sorting of their own work. Not less than one hour per day was consumed by each such employe in performing this work.
Effective October 9, 1967, the work of securing abstract runs, account books, white slips, accounts and the work of retaining, counting, and sorting of their own work was removed from their positions and then consolidated into one position. Concurrent with the consolidation of this work into one position, L. S. Johnson was assigned to perform the work of securing abstract runs, account books, white slips, accounts and the work of retaining, counting and sorting the work performed by the thirteen employes hereinabove specified.
On October 18, 1967, claim was presented in behalf of the thirteen employes specified in the Statement of Claim for payment of one hour per day in addition to the compensation already paid on October 9, 1967 and each succeeding workday and holiday because of the removal of work assigned to the positions occupied by these employes and the assignment of such work to an employe occupying an exempt position under the July 1, 1963 Clerks' Agreement. This claim was not declined by the Carrier until December 26, 1967, or
Enclosed as Carrier's Exhibit A is all correspondence concerning the handling of this claim on the property.
OPINION OF BOARD: The instant dispute presents the identical issue, under substantially the same factual circumstances as was considered by the Board in Award 18073, involving these same parties.
Accordingly, Award 18073 is held to be controlling herein and the claims in this dispute are sustained to the same extent and in accordance with the Opinion and Findings in said Award
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, fords 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
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
Upon application of the representatives of the Employes involved in the above Award, that this Division interpret the same in light of the dispute between the parties as to the meaning and application, as provided for in Section 3, First (m) of the Railway Labor Act, as approved June 21, 1934, the following interpretation is made:
This Board in Award No. 18074 found that our Award No. 18073 controlled this dispute involving the same parties as to this dispute, and concluded that the claims are sustained to the same extent and in accordance with the Opinion and Finding in said Award No. 18073.
We interpreted our Award No. 18073, in Interpretation No. 1 to said Award, and for the reasons stated in said Interpretation, Carrier shall allow each claimant named in the claim one hour's pay at the straight time rate for October 9, 1967 and one hour's pay at the straight time rate for each workday the named claimants performed compensated service for Carrier, and for each holiday occurring in the claim period of October 9, 1967 to December 26, 1967.
Referee Paul C. Dugan, who sat with the Division, as a neutral member, when Award No. 18074 was adopted, also participated with the Division in making this interpretation.