NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19444
(Brotherhood of Railway, Airline and Steamship Clerks,
(Frieght Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7004)
that:
1. Carrier violated Rule 21, Part 2 (a) - General, and (b) - Five -
day positions, when, on or about January 26, 1970,!4t abolished General Clerk
position No. 047 (daily rate $26.54) in the Freight Office, Monroe, Louisiana
and rebulletined the position under Station Bulletin No. 4, dated January 19,
1970, for the purpose of changing, unilaterally and without negotiation, job
No. 047 from a five-day per week position with a work week Monday through
Friday, rest clays Saturday and Sunday, to a five day per week position with
a work week Tuesday through Saturday, rest days Sunday and Monday.
2. Carrier shall now be required to compensate Clerk C. W. Williams,
occupant of General Clerk position No. 047, for the difference between the
pro rata rate of $26.54 and the punitive rate of $39.91, smont $13.27, for
Saturday, January 31, 1970, with claims continuing on the same basis for
claimant or his successor(s) for each subsequent Saturday until violation is
corrected; and also a pro rata day's pay of $26.54 for Monday, February 2,
1970, for Clerk Williams, with claims continuing on the same basis for claimant or his successor(s)
OPINION OF BOARD: 1. There seems to be no question in the record that this
matter was a grievance, and was properly brought before
this Board.
2. This case is brought before this Board under Rule 21 of the
agreement.
3. In the current case, it is not important whether this is a five
day or six day position.
4. Providing adequate service for a $350,000.00 a month customer
is at the very least, an operational requirement.
5. The changing of rest days is afforded under the rules.
Award Number 19453 Page 2
Docket Number CL-19444
6. Rule 21, Part 2, (f) indicates that deviations are to be discussed and if they are not, and t
processed as a grievance. However, it would then have to be shown that the
grievance was justified to give relief to the claimant.
7. The action of the carrier is not arbitrary or capricious. It
was immediately necessary because of the request of a substantial customer.
It is clearly an operational requirement, and the carrier is justified in
its course of action.
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
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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
414
Dated at Chicago, Illinois, this 30th day of October 1972.