NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19397
Arthur W. Devine, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Erie Lackawanna Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6951)
that:
1. Carrier violated the rules of the Clerks' Agreement in the Rate
Revision Bureau, Buffalo, New York, when it failed and refused to permit Chief
Clerk J. S. Karg_ Asst. Chief Clerk J. F. Orlowski and Rate Clerk Dominic J.
Gentile to work overtime on a backlog of work assigned to their respective positions and on March 10
2. Carrier shall now compensate employes J. S. Karg, J. F. Orlowski
and Dominic J. Gentile, an equal portion of a total of fifty-six (56) hours at
time and one-half rate at their respective rates of pay as a result of Traveling
Rate and Transit Examiner Whalen performing eight (8) hours of work properly belonging to the above
11, 12, 13, 18, 19 and 20, and two (2) hours on March 21, 1969, thereby depriving
the above named claimants collectively, a total of fifty-six (56) hours overtime
on their regularly assigned positions. (Claim 2198)
OPINION OF BOARD: The claimants herein occupy positions in Carrier's Rate Re
vision Bureau at Buffalo, Seniority District No. 9. The
claim is that on the dates involved in the claim the Carrier used a Rate and
Transit Examiner, designated as an X-2 position, assigned to Seniority District
No. 8-A, to perform and process work assigned to claimants in Seniority District
No. 9.
It appears that the work performed by the Rate and Transit Examiner,
resulting in the claim, was the filing of tariffs, which it is claimed could not
be kept up currently by the employes in Seniority District No. 9.
From the record of the handling of the dispute on the property it is
clear that the work complained of was work of the employes of Seniority District
No. 9. It is well settled by prior awards of this Board that in the absence of
clear rules to the contrary Carriers are prevented from turning work of employes
of one seniority district over to employes of another district. In its submission
to the Board the Carrier contends that the work of the two seniority districts has
always been interchangeable. However, there is no evidence to support such contention. Neither was t
its submission.
Award Number 19460 page 2
Docket Number CL-19397
The Agreement was violated and the claim will be sustained.
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: `.
Executive Secretary
Dated at Chicago, Illinois, this 30th day of October 1972.
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