."poses Award No. 18503
Docket No. CL-18495
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John B. Criswell, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6664) that:
1. Carrier violated the Clerks' Agreement when, effective April
16, 1968, Clerk Donald J. Pozniak, occupant of General Clerk position No. 208 in the Disbursements Accounting Department of the
General Accounting Office, St. Louis, Missouri, was required to assume new duties and responsibilities which were added to his regular assignment, and which duties were the same as those of higher
rated position of Personal Clerk No. 024, without adjusting the rate
of pay commensurate with work performed, in violation of Rule
31 (c) of the current Clerks' Agreement.
2. Carrier shall be required to compensate Clerk Donald J.
Pozniak, in the amount of 93 cents per day, beginning April 16,
1968, and continuing on the same basis for the claimant and/or his
successor, for each subsequent work day, Monday through Friday,
representing the difference between $26.91, the rate of General Clerk
No. 208 to which the claimant is assigned, and $27.84, the rate of
Personal Clerk position No. 024, the position to which the higher
rated duties and responsibilities are assigned.
(NOTE: Claim is subject to all subsequent wage increases.)
EMPLOYES' STATEMENT OF FACTS: The claimant, Mr. Donald J.
Pozniak, seniority date July 3, 1950, on the General Accounting Office seniority roster and district, on the claim date, held regular assignment to
General Clerk position No. 208, in the Disbursements Accounting Department,
daily rate $26.91, assigned hours 8:15 A. M. to 5:00 P. M., meal period
12:25 P. M. to 1:10 P. M., five days per week, Monday through Friday, rest
days Saturday and Sunday,
which
position he had held since assignment
by exercise of seniority, effective November 28, 1966.
The assigned duties of General Clerk No. 208 are as follows:
"Perform all duties properly coming within the rate of pay in
connection with clerical positions in any area of the Disbursements
Office."
adjustment in the rate of pay of the General Clerk position No. 208
in Disbursements Accounting Office, St. Louis, Missouri, effective
April 16, 1968 in the amount of 93 cents per day, and effective July
1, 1968 an upward adjustment of 24 cents per day instead of 93
cents per day, with claim on a continuous basis.
It is the position of the Carrier that claims filed on behalf of
`his successors' are invalid as the 'employe involved' has not been
named or properly identified as required by Rule 43 of the Clerks'
Agreement.
Our records indicate that on April 16, 1968, a small amount of
clerical work, namely, `handle all correspondence from vendors pertaining to invoice and purchase order discrepancies to a conclusion
and maintain necessary files on same' was assigned to the General
Clerk position No. 208.
Investigation develops that there has been no substantial increase in the duties and responsibilities of the occupant of the General Clerk position in Disbursements Accounting Office at St. Louis.
In fact, years of practice show that the positions of Deduction Clerk,
Accounts Payable Clerks and Invoice Accountants, all having a lower
daily rate of pay, perform certain duties that have substantially the
same purpose and function as the duty in question. The trivial
amount of duties added to the General Clerk position, which may be
performed on lower rated positions, is not sufficient to warrant an
increase in the present rate of pay.
In view of the foregoing, claim is without merit or rule support
and is respectfully declined.
Yours truly,
/a/ O. B. Sayers"
6. Conference was held by the parties on June 10, 1969; however, the
parties were unable to resolve the dispute.
OPINION OF BOARD:
Claimant was regularly assigned to General
Clerk Position No. 208. His assigned duties were listed, and on April 16, 1968,
he was sent the following:
"In addition to those duties which you now have, you will be
responsible for the following:
Handle all correspondence from vendors pertaining to invoice
and purchase order discrepancies to a conclusion and maintain necessary files on same."
The Organization asked that the rate of pay be increased to that of
Personal Clerk No. 024.
Under Rule 31 (c) employes assigned to higher rated positions receive
the higher rate while occupying such positions.
The additional duties assigned the Claimant are not among those shown
for Clerk No. 024. We cannot find in the Organization's handling of the matter
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sufficient proof to convince us the work was equivalent to the
higher rated
position, a burden it must support.
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 respeotively 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.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of April 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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