NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19664

THIRD DIVISION Docket Number CL-19638

Alfred H. Brent, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,

( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE:

(The Western Pacific Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7047)

that:

(a) The Carrier has violated and continues to violate the rules of the Clerks' Agreement when it improperly reclassified position of Assistant Chief Clerk, Sacramento, a position covered under all rules of the Agreement, to Chief Clerk, a position partially covered under the Agreement, by reassigning duties performed by the Assistant Chief Clerk position to various excepted positions of Chief Clerk,
(b) Mrs. Andersen shall now be allowed eight (8) hours pay on each day that the work here involved is performed by occupants of excepted positions beginning August 2, 1970, and continuing until the violation is corrected.

OPINION OF BOARD: The Organization contends that the Carrier violated the
Clerks' Agreement when it allegedly either abolished or improperly reclassified the position of partially covered by the Agreement.

The record of the case on the property indicates that the Parties had entered into an Agreement on May 12, 1970 known as "Implementary Agreement Id45" which, among other things, in fact reclassified the position of Assistant Chief Clerk to the position of Chief Clerk and at the same time increased the rate of pay from $706.09 to $825.00 per month. Based on the record on the property this Board must hold that the reclassification of the position of Assistant Chief Clerk, Sacramento to Chief Clerk was accomplished by Agreement of the parties.

Having made the determination that the reclassification was made by Agreement, it is not necessary for this Board to rule on the other contentions advanced by the parties.

Award Number 19664 Page 2

Docket Wunuer CL-19638

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

That the parties waived oral hearing;

That the Carrier and the F-;:)loges involved in this dispute are respectively Cnrrier ai=j. .'~-:loges witiin the t:^-.aniag of the Failamy Labor Act, as c^proved June ^cl, 193'E;

Thnt this Xvi.sicn of the Adjust:t=at Board has jurisdiction over the dispute imclccd herein; ::nd

That the Agreement was not violated.

A N A R D

The Claim is denied.

hGTIO_';,:L FJ=O0 A1:.JUST A3! i BOARD

By Order of Third Division

ATl^:.ST:~_ Lrrc.rUve Secr,;,ary

Dated at Chic:;co, Illinois, this 23rd day of March 1973.

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