C:\AWARDS\NEWOUT\3-18248.htm

Award No. 18248

Docket No. CL-18573

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Paul C. Dugan, Referee

PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6707) that:

(1) Carrier violated the Clerks' current Agreement when it failed

to promptly transfer Claimant to his newly acquired Yard Clerk posi

tion after being assigned thereto on Advertisement No. N -49-Clerks

of September 3, 1968, and, instead held him on his prior assignment

of Car Clerk, causing him to work his Monday and Tuesday rest days,

until Thursday, September 27, 1968, and failed and refused to prop

erly compensate him therefor under the rules of that Agreement.

(2) That Mr. F. C. Willcockson now be paid the difference between the straight time rate he was paid and the time and one-half rate he was entitled for six days, September 9, 10, 16, 17, 23 and 24, 1963, when he was required to work his regularly assigned rest days.

(3) That Mr. F. C. Willcockson also be paid for eight hours' time each date, September 11, 12, 18, 19, 25 and 26, 1968, at the pro rata rate of his Yard Clerk position when he was available, but was not allowed to work his Yard Clerk position.

EMPLOYES' STATEMENT OF FACTS: On and prior to September 3, 1968, Claimant was the regularly assigned occupant of a Car Cleric position, Jonesboro, Arkansas, working 3:00 P. M., to 11:00 P. M., Friday through Tuesday, with Wednesday and Thursday rest days.

August 22, 1968, Superintendent W. J. Lacy, Pine Bluff, Arkansas, issued his Advertisement No. N-47-Clerks which reads, in part, as follows:

"Bids will be received in this office for a period of seven days from date, or until 5:00 P. M., September 5, 1968, on the following positions:

1. Yard Clerk, Jonesboro Yard, Hours 7:55 A. M., to 3:55 P. M., five days a week, rate $24.27 an eight hour day. Rest days Monday and

CARRIER'S STATEMENT OF FACTS: Prior to the time involved here Claimant F. C. Willcockson was assigned to position of Car Clerk at Jonesboro, hours 3:55 P. M. to 11:55 P. M., Friday through Tuesday, with rest (lays Wednesday and Thursday, rate of pay $24.41 per day.

Position of Yard Clerk at Jonesboro, Arkansas, hours 7:55 A. M. to 3:55 P. M., Wednesday through Sunday, with rest days Monday and Tuesday, rate of pay $24.27 per day, was bulletined in Advertisement No. N-47-Clerks dated August 22, 1968. The claimant filed application for the position and footnote on Advertisement No. N-49-Clerks, dated September 3, 1968, designated him as the successful applicant.

There were no qualified extra clerks available and it was necessary for the claimant to remain on the Car Clerk assignment until an employe could be trained to handle the duties of the position. The claimant was released atom the Car Clerk position at close of day's work September 24, 1968, and protected the yard clerk position at 7:55 A. M., Friday, September 27, 1968.

The Employes filed claim alleging that Carrier failed to promptly transfer claimant to the Yard Clerk position subsequent to his assignment, and claimed that he should be paid the difference between straight time rate paid and the time and one-half rate on September 9, 10, 16, 17, 23 and 24, 1968, on the basis that these were the rest days of the Yard Clerk position. They also claimed he should be paid for 8 hours at pro rata rate on each date Septeirber 11, 12, 18, 19, 25 and 26, 1968, which were the rest days of the Car Clerk position, on the basis that lie should have been allowed to work the Yard Clerk position.

The claim was denied.

Exhibits 1 to 4, inclusive, are attached hereto and made a part hereof.

The applicable schedule agreement is that with the Brotherhood of Raiiway and Steamship Clerks, Freight Handlers, Express and Station Employes effective April 1, 1946, reprinted January 1, 1963, copy of which is on file with the Board.

(Exhibits not reproduced.)

OPINION OF BOARD: The record reveals this claim was appealed to the Manager-Personnel, the highest designated officer of the Carrier, by the Organization's General Chairman on January 2, 1969; said Carrier officer timely denied the appeal in letter of January 22, 1969. Under the provisions of Article V, Section 1(c) of the National Agreement of August 21, 1954, the Organization had nine months from the date of Carrier's denial to institute proceedings before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment. The Employes instituted proceedings before this Division by letter of October 29, 1969, which is not within the required nine months' time limit. Therefore, the claim is barred from consideration by the Board and is dismissed.

FINDINGS: The Third Division of the Adjustment Board, ut_ion the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

18248 3
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 is barred and should 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 30th day of October, 1970.

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

18249