RATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19474

THIRD DIVISION Docket Number CL-19313

Gene T. Ritter, Referee

(Brothernood of Railway, Airline and Steamship Clerks,

( Freight Handlers, S:cpress and Station Employes PARTIES TO DISPUTE:

(Boston and Maine Corporation

STATEMENT OF CIAIM: Claim of the System Co=ittee of the Brotherhood (GL-6982)

that:

1. Carrier violated the rules of the Clerks' Agreement, effective September 1, 1952, as amended, when it called driver messenger, hi^. W. G. Gardner to perform janitorial work in its General Office at Greenfield, Mass.

2. After reporting, Carrier would not permit Mr. W. G. Gardner to do the work and shall now be required to pay him, two days pay, at the rate of $24.32 daily, total $48.64 for May 20, 1970 and May 21, 1970.

OPINION OF BOARD: On May 20, 1970, Janitor G. J. Morin, in the consolidated
General Office at Greenfield, Massachusetts was unable to protect his janitorial assignment starting at 5:00 P.M., account being hospitalized. Carrier's Gener working on the Messenger's roster, to protect the assignment. Claimant reported for work at 5:vO P.M was not permitted to do so by the Chief Clerk. Subsequently, the ,job was blanked on May 20th and 21st until the regular Janitor returned. Before this Hoard Carrier defends against payment of the two days claimed on the basis that after calling Claimant it was decided that the work could be blanked, and that this is permissible under the Agreement. They also argue that while they can offer the Janitor work to Claimant, he has no seniority rights to the work in question. This may be so, but the fact remains that Claimant was called to report for work at 5:00 P.M. on May 20, 1970, and did, in fact, show up at the appointed time prepared to do the work for which he was called.

Under the authority of Award 11714 we will allow Claimant eight (-^u) hours' pay at pro rate rates for May 20, 1970.

FINIDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties ·,..raived oral hearing;

Award Number 19474 page 2

Docket Number CL-19313

That the Carrier and the Employes involved in this dispute are respectively Carrier sad Employes within the meaning of the Railway labor Act, as approved June 21, 1934;

That this Division of the AdJustment &oa-wd has Jurisdiction over the dispute involved herein; and

Claim sustained to the extent indicated in the Opinion.

A W A R D

Claim sustained to the extent indicated in the Opinion.

NATIONAL RAILR= ADJUSTMENT BOARD

By Order of Third Divisien

ATTEST: A5; eote Executive Secret

Dated at Chicago, Illinois, this 30th day of October 1972.