C:\AWARDS\OUTPUT\3-19070.htm

,00,,.. Award No. 19070
Docket No. CL-15686

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

John H. Dorsey, Referee

PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY 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 Brotharhcod (Gl.-5762) that:

1. Carrier violated, and continues to violate, the Clerks' Rules Agreement at Aberdeen, S. D. when on April 30, 1964 and May 1, 1964, respectively it abolished Relief Clerk Position No. 6507 and Ticket Clerk Position No. 6784 and unilaterally assigned the work normally attached thereto to an employe outside the scope and application of that Agreement.

2. Carrier shall return the work of Positions No. 6507 and 6784 as it

existed print

to April 30, 1964 and May 1, 1964 respectively, to the Clerks' Agreement and the -employes covered thereby.

3. Carrier shall now be required to compensate Employes F. Holly, R. L. Lief, W. R. Gluyas and W. C. Gunther by making them whole for all wage losses they sustained as a result of the abodishment of Positions No. 6507 and No. 6784 retroactive to April 30, 1964 and for all subsequent days that this violation continues.

EMPLOYES' STATEMENT OF FACTS: Prior to April 1, 1964 Carrier maintained Ticket Clerk Position No. 6,784 at Aberdeen, S. Dakota. Position No. 6784 was a 7-day position and was assigned from 7 P. M. to 4 A. M. daily. The Saturday and Sunday rest days ware a part of Relief Position No. 6507. Employe F. 1191ty was the ;·egular occupant of Ticket Clerk Position No. 6784 and Employe W. R. Mayas was the regular occupant of Relief Position No. 6507.

In addition to the above positions, the Carrier maintained a daytime
position which the employ·~s understand is covered by the scope of the Teleg
raphers' Agreement. The occupant of that position, L. E. Olson, has a title
classification of Passenger and Ticket Agent. Evidence as to the correctness
of this title classification is found in the following which is quoted from the
Carrier's Passenger Train Schedules ordinarily referred to as a "Time Table."
ma s ~ * s

Latter written by Mr. Amour to Mr. Gilligan

under date of November 24, 1964

...... _ _ Carrier's

Exhibit "B"

(Exibas

it(,,

rup.oduced.)

OPINION OF BOARD: The record shows that the claims on behalf of Claimants Leif and Gluyas were not presented to the proper official of Carrier at any Lima during handling on the property; therefore, those claims must be dismissed. Awards 18250 and 18553.

This case involves the same parties and issues as in Awards 1468`.: and 15014. The following language from those awards is equally applicable to the instant disput·,3:

"The record does not reveal the particular work or the amount of it a'.Lgedly wrongfully taken from clerks. Clerks' Submission consist only of statements of ultimate facts not proven by substantial evidence of probative valaa. The burden of proof is Clerks. It failed to satisfy the burden. We, therefore, must deny the Claim."

FINDINGS: The Third Division of the .adjustment Board, after giving the parties to this dispute du·r notice of hear!ng thereon, and upon the whole record and all the evidence, finds and hold.:

That the Carrier and the Empioyes involved in this dispute are revpectively 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 Agreement was not violated.

AWARD

Claimed denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: E. A. Killeen

Executive Secretary

Dated at Chicago, Illinois, this 10th day of Match 1972.

Keenan Printing Co., Chicago. Ill. Printed in U.S.A.
19070 5