PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES




STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6639) that:

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 Accountants from the Comptroller's Department to fill these

positions:
Freight Revenue Accounting
Name and Title Department-Bureau
LaFond, R. J., Special Accountant Audit Bureau and Revising Bureau

Carlton, R. H., Special Accountant Forwarded Bureau & Govt. Bureau

Johnson, L. S., Special Accountant Interline Received Bureau

Sorenson, C. C., Special Accountant Waybills and Records Bureau

Gjerde, B. 0., Special Accountant All Bureaus

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 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: ,
























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(c) (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:












Concurrent with the establishment of the five positions in charge of the specified Bureaus in the Freight Revenue Accounting Bureau, the Carrier


18078 2

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 25, 1968. The BRAC 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 BRAC 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












Dated at Chicago, Illinois this 11th day of September 1970.

Keenan Printing Co., Chicago, 111. Printed in U.S.A.

18078










Name of Organization:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES


Name of Carrier:



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:


The Organization is complaining that Carrier refuses to compensate the claimant $25.52 per day on days claimant did not occupy the position in question due to promotion, vacation, leave of absence or vacation.


However, the claim as presented to this Board is for payment to claimant "at the rate of $25.52 per day on each of the twenty workdays occurring during the period September 4, 1967 to September 29, 1967, inclusive, excluding September 9, 10, 16 and 1.7, 1967, in addition to the compensation already paid."


This Board is without authority to expand a claim. We are limited, if we find a violation, as we did in the instant claim, to allowing the claim as presented before this Board. Therefore, the Organization's contention in this regard is without merit and must be denied.


Referee Paul C. Dugan, who sat with the Division, as a neutral member, when Award No. 18079 was adopted, also participated with the Division in making this interpretation.






Dated at Chicago, Illinois, this 29th day of October 1971.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.