BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
1. The Carrier violated the provisions of the Clerks' Agreement, effective July 1, 1963, when it established five positions of Special Accountants in charge of certain Bureaus in the Freight Revenue Accounting Department and then transferred the following five Special Accounts from the Comptroller's Department to fill these posi- tions:
2. The Carrier violated Rule 55 of the July 1, 1963 Clerks' Agreement when it failed to allow the claim of the following employes employed in the Freight Revenue Accounting Department for payment at the rate of $45.00 per day in addition to all monies received on October 9, 1967 and each succeeding workday and holiday:
EMPLOYES' STATEMENT OF FACTS: The Comptroller's Department constitues 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:
The following employes are assigned to positions of Special Accountants in the Comptroller's Department:
The positions of Special Accountants are specified in Rule 1(e) (exempt positions) of the July 1, 1963 Clerks' Agreement. The positions of Special Accountants are paid a monthly rate to cover all services rendered.
On October 9, 1967 the Carrier established five positions in charge of the following Bureaus in the Freight Revenue Accounting Department:
The instant claim, as well as other pending claims, was discussed in conference with the Clerks' Organization on November 7, 1967, at which time no agreement on claim was reached, but meeting was adjourned after lengthy discussion for both sides to reconsider their position and another conference would be held.
Under date of December 21, 1967, Division Chairman Dagnon again wrote the Manager of Freight Revenue Accounting, stating that as no declination for his claim filed on October 18, 1967 had been received, claim was in violation of Time Limit on Claims Rule, and should be allowed.
On December 26, 1967, Manager of Freight Revenue Accounting declined the claim of October 18 and December 21, 1967.
Claim was subsequently appealed by General Chairman Whelan to the Assistant Vice President-Labor Relations, the highest officer designated to receive claims, who declined the claim on April 24, 1968. The BRAG General Chairman declined the decision and, consequently, conferences were scheduled and held with the view of disposing of all claims by means of a rate adjustment, but no agreement was reached between the BRAG and the Carrier in disposition of this claim and other claims.
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, 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
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. 18076 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 $45.00 for October 9, 1967 and $45.00 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 at the rate of $45.00 for said holidays.
Referee Paul C. Dugan, who sat with the Division, as a neutral member, when Award No. 18076 was adopted, also participated with the Division in making this interpretation.