NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-16907
Robert M. O'Brien, Referee
(Brotherhood of Railway and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(New Orleans and Northeastern Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6171)
that:
(a) Carrier violated the Agreement at Laurel, Mississippi, when it
abolished clerical positions and turned the work over to the Agent who is performing approximately e
(b) Carrier shall be required to compensate Mr. J. A. Mallett at his
pro rata rate for each of the following dates: April 2, 3, 13, 14, 15, 16, 17,
27, 28, 29, 30, May 1, 4, 5, 6, 7, 8, 11, 12, 13, 14, 20, 21, 25, 26, 27,, 28,
29, June 1, 2, 3, 4 and 5, 1965.
OPINION OF BOARD: The claim alleges a violation of the Agreement when Carrier
abolished a general clerk position at Laurel, Mississippi,
and allegedly assigned clerical work to the Agent, an employe not covered by the
Agreement.
The Carrier contended on the property and in its submission to this Board
that the Agent at Laurel, as well as all other agents on the N.O.& N.E. and Southern Rail
of clerical work, and that the Agent at Laurel and the remaining clerical force
could satisfactorily perform the remaining work after abolishment of the general
clerk position.
The Petitioner has offered no probative evidence to overcome the contention of the Carrier or to
The claim will, therefore, be denied.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and 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;
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Award Number 19339 page 2
Docket Number CL-16907
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of July 1972.
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