BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6891) that:
1) Carrier violated the Clerks' Rules Agreement at Milwaukee, Wisconsin when it failed to properly assign overtime work required on Bill & Expense Clerk Position 87470 on Saturday, October 25 and Sunday, October 26, 1969.
EMPLOYES' STATEMENT OF FACTS: Employe W. J. Nowicki is the regularly assigned occupant of Bill and Expense Clerk Position No. 87470 in the Regional Data Office at Milwaukee, Wis. in District No. 151, and is assigned 7:25 A. M. to 3:55 P. M., Saturday through Wednesday, with Thursday and Friday rest days.
Employe W. J. Henkel, who has a seniority date of April 8, 1968, is the regularly assigned occupant of Bill & Expense Clerk Position No. 87210 in District No, 151 and is assigned from I P. M. to 9 P. M., Monday through Friday, with Saturday and Sunday rest days.
Employe Shirley Carlson, who has a seniority date of August 19, 1968 is the regularly assigned occupant of Bill & Expense Clerk Position No. 87220 in the Regional Data Office, District No. 151, and is assigned 9 A. M. to 5:30 P. M., Monday through Friday, with Saturday and Sunday rest days.
Employe Nowicki was absent on vacation during the period October 25 through 29th, 1969, and it was necessary to fill his Bill & Expense Position No. 87470 on overtime basis on Saturday and Sunday, October 25th and 26th, 1969.
In lieu of assigning the overtime work required on that position to senior employe Henkel, who was observing his rest days on those dates, that overtime
S. J. Carlson, who is regularly assigned to Bill & Expense Clerk Position 87220, and for whom Saturday, October 25 and Sunday, October 26, 1969 were assigned rest days.
OPINION OP BOARD: An employe who had less seniority than Claimant in Carrier's service and who was regularly assigned to Bill and Expense Clerk Position 87220 was called by Carrier to work Bill and Expense Clerk Position 87470 on such junior employe's rest day. This day was also Claimant's rest day; and in spite of the fact that Claimant was then the assigned occupant of position of Revising Clerk. Grade B, having requested that position under the provisions of Rule 9(g), Petitioner contends that Rule 32(g) was thereby violated. Carrier has consistently and vigorously denied that Rule 32(g) was violated and in handling on the property Petitioner failed to identify the specific provision in Rule 32(g) that c.as allegedly violated or to adduce any evidence. The claim must therefore be dismissed.
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 disptue are respectively Carrion and Employes within tire 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