NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket ''umber CL-19727
Frederick R. Blackwell, Referee
(Brotherhood of Railway, Airline and Steamsh·n Clerks,
( Freight Handlers, Express and Station. Fmp'-yes
PARTIES TO DISPUTE:
(rangor and Aroostook Railroad Company
STATEMENT OF CLAIM:
Claim
of the System Committce
n(
the lirothexlood (GL-7092)
that:
(1) Carrier violated the rules of the current Clerks' Agreement dated
September 31, 1950,
as
amended, particularly, scope Rule 1 (b) and Rule 3b, among
other:.,
when effective, at close of work, Friday, August 28, 1970 it abolished its
last remaining clerical position at Searsport, Maine, and unilatcrally assigned
all
clerical duties, work and incidentals appurtenant thereto, that were performed
by tl,e
Clerk at this point to employees, (Supervisory Agent and Assistant Agents)
of anokher craft and class who held no seniority rights under said agreement for
its performance.
(2) Carrier shall now compensate, Clerk, Mr. A. A. Ashey, Jr. for all
wage lasses commencing August 31, 1970 and everyday thereafter until said violations are corrected a
OPINTON OF BOARD: This claim arose when Carrier abolished its last remaining
clerical position at Searsport, Maine, effective August 28,
1970, Claimant was the incumbent of the position.
Prior to August 28, 1970, the Carrier naintained the following station
`once at Searsport.
TITLE OF POSTPION ASSIGNED HOURS REST DAYS
Germinal Agent 8:00 A.M. - 12:00 Noon Sunday
1:00 P.M. - 5:00 P.M.
Assistant Agent 6:30 A.M. - 2:30 P.M. Sunday & Monday
Assistant Agent 8:00 A.M. - 12:00 Noon Sunday & Tuesday
1:00 P.M. - 5:00 P.M.
'1er'< 6:00 A.M. - 2:00 P.M. Saturday & Sunday
Award Number 19719 Page 2
Docket Number GL-19727
After August 28, 1970, Searsport was staffed as follows:
TITLE OF POSITION ASSIGNED HOURS REST DAYS
Terminal Agent 8:00 A.M. - 12:00 Noon Sunday
1:00 P.M. - 5:00 P.M.
Assistant Agent 6:30 A.M. - 2:30 P.M. Sunday & Monday
Assistant Agent 6:30 A.M. - 2:30 P.M. Saturday & Sunday
Before this dispute arose claimant spent approximately three hours daily
in the yard with the switcher crew of a local which ran between Northern Main Junction and Searsport
weighing of cars. According to Carrier "The remainder of his day was spent in general station work a
after the abolishment of the position, we first note a statement made on the property by Carrier, to
by Mr. Ashey because there was no. longer sufficient work to justify retaining a
full-time clerk" (Emphasis supplied). This is an admission that some clerical work
remained after the abolishment of the clerical position. We note also that, in
refuting Petitioner's contention that almost all cars must be weighed, Carrier conceded that a "very
And since there is no dispute that claimant previously performed the car weighing
work, this, too, constitutes an admission that some of the clerical duties remained
after the position was abolished. It is also noteworthy that the starting time of
the second assistant agent was changed from 8 am to 6:30 am, which placed both the
agents on the common schedule of 6:30 2m to 2 pm. This change is highly suggestive
that the second assistant agent was needed at an earlier starting time to perform
clerical work previously performed at that time by the claimant. In light of the
foregoing, and on the whole record, we find that a preponderance of evidence of
record shows that some of the duties of the clerical position remained after it
was abolished and that thereafter such duties were performed by the remaining
station force.
On these facts the Petitioner contends that Carrier unilaterally assigned
the duties of the abolished clerk position to the Terminal Agent and Assistant
Agents and that such action violated Rules 1(b), 13(a), and 49 of the applicable
Agreement. Carrier's position is that the duties of the abolished position did
not belong to the clerks exclusively, that other crafts, as well as supervisory
personnel, had performed these duties, that Agents and Operators were the first
to perform the station work, that the Terminal Agent and members of another craft
had, in fact, performed all of the work of claimant during the period of his
employment and that because of the erosion of traffic at that terminal, the ebb
and flow principle did, in fact, provide for the use of the craft of employees
necessary to perform the station work.
Award Number 19719 Page 3
Docket Number CL-19727
The pertinent Rules are as follows:
"RULE 1 - SCOPE- EMPLOYES AFFECTED
(b) Positions and work within the scope of this agreement belongs to the employes covered thereb
in this agreement shall be construed to permit the removal
of positions or work from the application of these rules,
oxcept in the manner provided in Rule 49."
"R('1,1? 13 - CHANGE IN TITLE, RATE OR CHARACTER OF WORK
ta) When there is a sufficient increase or decrease in
the duties and responsibilities of a position, or change in
the character of the service required, compensation for
that position will be promptly adjusted with the General
chairman, but established positions shall not be discontinued and new ones created under a different
reducing the rate of pay or evading the application of
these rules."
"RULE 49 - DATE EFFECTIVE AND CHANGES
This agreement shall be effective as of September 1, 1949,
and shall continue in effect until it is changed as provided
herein or under the provisions of the Railway Labor Act as
amended. Should either party to this agreement desire to
revise or modify these rules, thirty (30) days' written advance notice, containing the proposed chan
and conference shall be held immediately on the expiration of
said notice unless another date is mutually agreed upon."
Under prior Opinions of this Board the text of Rule 1(b) above has been
held to preserve to the Clerk's Organization all work being performed under the
Clerks' Agreement, on the effective date thereof, until it is negotiated out in
the manner provided by Rule 49. Also this preservation of work has been held to
be paramount to the defenses asserted herein by Carrier, including the principle
of ebb and flow. In commenting on a text similar to the instant Rule 1(b) in
Award 6357 (McMahon), this Board stated:
"It is true, as Carrier contends, that for many years prior to
filing of these claims, approximately 35 years, that a portion of
the crew calling duties was performed by Telegraphers, or other
clerical employes. and such was the custom and practice on this particular railroad. But when the Ag
r
Award Number 19719 Page 4
Docket Number CL-19727
"July 1, 1945, and the Scope Rule was rewritten, we must hold
that the practice and custom of using employes other than
regularly assigned Crew Callers, was completely abrogated by
the parties when the Scope Rule 1 was rewritten, and, further,
that the Scope Rule as rewritten is clear and concise and is in
no way ambiguous. It is,therefore, the opinion of the Board that
Carrier has violated the provisions of the Scope Rule as alleged.
Nor can it be said that a continuance of the practice from the
effective date of the rewritten Scope Rule to the time of filing
the claims herein, on June 29, 1949, would reestablish the custom
and practice as formerly under the original Scope Rule."
The same text was before us in Award 7129 (Carter), wherein this Board
said:
"The record is clear that at the time the scope rule was agreed
upon, Clerks were performing the work in question. The rule preserves
the work for the Clerks. Awards 6141, 6357, 6444, 6937, 7047, 7048.
While some of the scope rules in the foregoing cases provide in effect
that positions may not be removed from the agreement except by negotiation, the rule here involved p
be removed except by agreement. The use of the term 'work' in addition
to the term 'positions' must be given meaning. We must presume that
the propriety of the rule as written was fully considered by the parties
before it was agreed upon. The work here involved was taken from Clerks
and given to Telegraphers without negotiation. It is a violation of
the rule."
This Board's rulings in Award 8500 (Daugherty) are also pertinent, since
that Award dealt with a dispute quite similar to the instant dispute. In that
Award we stated that:
"* When the Carrier abolished Clerical Position No. 196,
at least some of the work previously associated exclusively with
said position remained to be performed; and after said abolition it
was performed by the Agent. The work of the clerical position was
not wholly abolished; at least some of it was transferred to the
Agent's position, i.e., it was removed from the scope of the Clerks'
Agreement and placed under the scope of the Telegraphers' Agreement.
Then, under this Board's rulings in numerous Awards (e.g., 5785, 5790,
and 7372) interpreting this same Rule 1 (e) or similar rules and hold
ing that work is the essence of positions, said Rule prohibited the
Carrier from acting as it did in the instant case. In the absence of
the language of this Rule as interpreted by this Division, the so-called
'ebb and flow' principle would apply and Carrier's behavior would be
judged blameless. But said language and interpretation compels the
conclusion that Carrier's abolition of Clerical Position No. 196 in
the manner it did constituted violation of said Rule. ****"
See also Awards 11586 (Dorsey), 12414 (Coburn), and 11127 (Dolnick).
Award Number 19719 Page 5
Docket Number CL-19727
It is true that Award 13249 (Hamilton), cited by Carrier, did deny
a claim involving these same parties and this same scope rule. However, that
Award dealt with a dispute concerning unassigned work performed on the claimant's rest days by a tel
claimed to be preserved to the clerks by the scope rule. More important, Award
13249 did not discuss this Board's above cited rulings on the meaning of the
term "positions and work" in the instant rule and, consequently, we believe it
is not appropos to the issues raised by this record.
On the basis of the foregoing Awards, and on the whole record, we
find that Carrier violated the Agreement. However, business at Searsport was
on the decline when this claim was progressed on the property; the position of
the second Assistant Agent was abolished on January 29, 1971, five months after
this claim arose. We are therefore mindful that, while the instant record shows
the continued existence of some of the duties of the abolished clerk position,
the situation may have changed since this record was made, Consequently, we intend that our Award sh
the duties of the clerical position was in fact performed by the retained station
force and not otherwise. Accordingly, and upon the stated condition, we shall
sustain the claim for the period August 31, 1970 until the end of the violation.
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 in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1973.
CARRIER NEMBERS'
DISSENT TO AWARD :i0.
19719
DCCKET N0. CL-19727
This Award is palpably erroneous and we must vigorously dissent
thereto.
The Neutral states:
"* ` * More important, Award
13249
did not discuss
this Board's above cited rulings on the meaning o_°
the term 'positions and work' in the instant rule
and, consequently, we believe it is not appropos to
the issues raised by this record."
Award No.
13249,
cited by the Carrier, involved the some parties and
involved the identical rule as in the dispute here. The orgais0ation listed the
same Avards in that submission as were cited in the instant case. None of the
wards quoted in this Award (No.
19719)
involved thi_ Carrier, nor in fact did
any of cited Awards.
In Award No.
13249
Referee Hamilton stated:
"This Board has held on numerous occasions, that
where the work at a particular location decrease,
and there is telegrapher work remaining, it is proper
to retain the telegrapher, and assign to him clerical
work to fill out his tour of duty, when he is not
occupied with telegraphy or communication duties.
"In this particular case, the record shows that the
work load decreased on Sundays, so that only one employe was required. Telegrapher duties remained t
be performed. Therefore, in essence, the Carrier
abolished the position of clerk, by failing to call
him on Sunday, and assigned this work to the talegrapher. We are of the opinion that the Carrier had
the prerogative to act in this manner.
"There is no question that if the volume of work for
the regular days of the position would have so diminished,
the Carrier could have properly acted in the same manner,
and resigned the remaining duties of the clerk to tae
tale ;rcpher. We see no reason that this same procedure
would not be applicable in the instant case."
To say that .Award No. 13249 "is not appropos to the issues raised
in this record" is, to say the least, incredible.
This is truly a maverick Award and, as such, is a nullity.
x.
F. M. Braidwood
P. C. Carter
-~.< (I,_
.4
;~
f~,s _ , J . if'
.' n..
W. b. Joa,s
~A~.r~
G. L. Naylor
G. i·1. Youhn
( f
LABOR P~ENBER' S ANSWER
TO
CARRIER i'EI,1BERS' DISSENT TO AWARD 19719 (DOCKET CL-19727)
Notwithstanding statements made by Carrier Members in
their Dissent, Award 19719 is a sound decision. It correctly
interprets Rule 1(b) of the parties' Agreement reading:
"Positions and work within the scope of this agreement belongs to the employes covered thereby,
nothing- in this agreement shall be construes', to
permit the removal of positions or work from the
application of these rules, except in the vanner
provided in Rule 49."
The clear literal language of Rule 1(b) has been the subject
of decision many times by this Board. Sore of these decisions
were cited by the Peforee in support of his correct holdings in
AwsrC; 197110-. In addition to the Awards cited, the Referee could
have also cited Award No. 1 of Public Law Board No. 954 adopted
September
8,
1972. In that decision, Chairman and Neutral 1'ember.P"r. John H. Dorsey, decided a dispute cont
quoted,above. Award No. 1 of Public Law Board 954, among other
things, held:
"The weight of authority of Third Division, National
Railroad Adjustment Board case law co-nel:- fln<lin~g
that
w:i°!1
the Fcope Rule of an
anrnn-,nL o.-..,~.r.··~,~,~o.~
posM.ons ar.d
mork' that we^k once aSSign"
!"7
aV
cqrrler to ern^7.o e: within ".^.e collective -i:~in_^
unit thereby becomes vested
w4=hin-
the
unit and may nit to ^Fmeve exc~F~t by agreeme.^.t
kietween tg r4e s.
t ~t
~r
Carrier's alleged de°ense of past practice fails for
the following reasons: (1) a Scope .Mile such as
y .S!v
"paragraph (b) in the BRAC Af-reement is not ambiguous in the light of the case law of the Third
Division, .'!ational °ailroad Adjustment Board;
(2)
parole evidence is admissible, material and
relevant in the interpretation of an ^_mbi.-uous
provision of an aprreement only to arrive at the
intent of the parties; or, to find history,
tradition,, custom exclusivity of contractual
investment of rif-ht to work tinder a scope rule
general in nature - paragraph (b) of the confronting Scope Rule is specific;
The economic conseauences of a bona f?-de contract
are not material, relevant or opersuasive value
before a "orum char-ed with its interpretation and
application. If a party to a collective bargaining
af·reement .`.'finds, b·.· experience, that as to it the
terms) are economically onerous, the remedy is
collective far.-ainin-. This ?oard is without
"uri3diction to entertain such an argument and
resolve it by fiat.
~ t
For the foreroinf; reasons ire find and hold that
Carrier violated and violates raragraph (b) of
the Scope Pule when it assigned or assigns the
work herein involved to an employe rot within the
collective bar^aininC unit of the BPAC Agreement.
(Underscoring supplied)
Thus it is clear, notcrithstandin7 what has been said in Carrier
I"embers' Dissent, the clear unambiguous provisions of Pule 1(b)
vests in cmployee covered t:; the Cler!;s' Agreerent work per-
formed
;Y
Clerks until such `=re as it is negotiated out in
the manner provided. by rule 44.
Dissenters rely on the unsound and incorrect decision in
Award
13249.
Award
13249
is i-rrong for at least three reasons.
-2-
LABOR '!Ei'BTFP'S
AidS'_ER TO CADET
" .'nERS' '2?. ':~;T
TO
Ae'ARD
171
(DOCKET CL-19
,727) .
This is vividly demonstrated by the Referee's lan;;ua.-e explainin,-, that "it is not appropos t
19719
opens with a
partial quote of the e:cplanation why Award
13249
is in error.
7he full.p<=r.,Craph _"rom which this partial quote v-s extracted
i:: repeated below:
"It is ;:rue that Award
13249
(Hamilton), cited
b;Y Carri_-r, did deny a claim involvinIg these
sa^': p:rtieS
'nd
this sain°_ .^-.cope rile. Hol;ever,
that A~rarP. ce_-=t wit:: a dispute cencernin7, u..-
:oria. Iv_forred r,n t:ie claimant':, r%,-t
ase`
:_u ;^_
days
b'
a tel a 7rapher, ~;::_. not .:itl: the abo! ishr:ent of a rosit_on claimed to be preserved to th
clc-1;: b;; t'ie Scope rule. r'ore I.,.portant, A::ard
132'49
did not d_scuss t:;iS Poard'- ;hove cited
ruli.r.LS on the -eanin~; of the term 'po-i t ions
and ::o^'.:' in tl.e instant rule and:, cons ec:ucntly,
we believe it is not ap;:ropos to the issue, rais-
Award
1324?
rad: several -eneralized and Cratuite:!S statements
not needed or connected with the issue in dispute. Even if
such statements were necessary to decide the dispute, they,
nonetheless, ii:ere still incorrect. Award
132410
does not cite a
single.Award as authority for its holding,, and Referee Ha-ilton
clearly ignored the body of lair concerned with the 1.orlc on Unassigned Day:: izsue, this, notwiths
on Unassicned D=;. ,:as covered by Decision Ho. 2 of the FortyHour Week Cormit~ee, wherein that Comm
-3-
LAEOR I'EI'3LR'S :."S:;~'R TO CA'RIE:
~'II'HEPS' DISS=^·170 AWARD
19719
(DOCK7T CL-1 972 ; )
"***the intent of Section
3.(i)
is that where
i-fork is required ?:;; the carrier to to performed
on a day ::rich
i.3
not a part of any -icsiCnment,
either .^.n av:ilabl:a extra or unassiCned employee
who would otherwise not l>>ve 4^ hour-- of work that
week or the re~ul-.r employec ray be used; unless
such work is perfo:7-ed ty .a:: availabl~= extra or
unassiF,ned omplo,,c a who would otherwise not lave
40
hours of r:orl: t::st weal:, the renular emplo;;ee
shall he used. Where "lork is required to be
performed on a hcl.i:iay which: is not
a
part of any
assirnmc=nt the rer.ular employee shall be used.
* * * "
and wa-. also covered by rior A,:vards:
Ar:aard Referee
7297
Edw. r^. Carter
8204
Sidney A. 'r:ol,°f
8303
II. Raymond Cluster
8414
Horace C. Vokcun
10290
Robt. J. I;lilson
10533
Jerome A Levinson
1?_957
Benjamin H. ,.lolf
l3l42
Daniel House
P2~'1S_in 1~1, 2,
a:,=.
tli-
Ai:;ar~F°,
cited ililmedi^,tccl.' above, estab
lish that even if the applicable Scope Rule was of the "General
type" rule, referee Hamilton's decision in P,ward
13249
ryas palpr_
bly.erroneous. That this conclusion is correct is evidenced by
the fact that numerous Awards, subsequent to the adoption of
Award
7,32119,
have rot follo,:;ed Award
13249,
and have reached
correct conclusions. Such Awards show that '.ward
13249
is a
nullity on the Work or. fna:;signed Days' issue:
Award Referee
14137
1'urray 1". Rohman
15615 John J. 1'cGovern
16252
"ilton Friedman
16571
Bill Heskett
-4-
LABOR ;IE".BER'S ANSWER TO CARRIE
liEI-BERS' DISSENT TO APIA^D
19719
(DOCKET
CL-15727)
Award Referee
16672 John J. McGovern
17028 Daniel House
17425 furray I4. P ohman
17581 Paul C. Dugan
17619 Paul C. DuCan
173114 .Arthur W. Devine
18092 David Dolnick
13245 Paul C. Dur;an
19260 Arthur W. Devine
183!16 john H. Dorsey
18549 Robert 4. O'Brien
19856 Clement P. Cull
1°039 Cene T. Ritter
19322 Gene T. Ritter
19361! Paul C. DuZ1n
19439 Robert M. O'Brien
AccordinGly, the neutral deciding Award 19719 was left with no
alternative but to hold that Award 13249 was palpably in error.
The Majority in Award 19719 correctly stated:
"Under
rn_nr
Opinions of
this
Board the text of
!Zulu
:1·`,b) 1i_nvc
has beon held to preserve to the
Cle7k=' Cr_aninstion all work bent performed. un
der the Cleric' Agreement, on the effective date
theroof, until it is nejotiated out in the manner
provided by Rile 49.
This statement is supported by the Awards cited in the Opinion
of the Public Law Board cited above, in this Answer, and by
Award 7168, Peferee Carter, stating:
"Under this portion of Rule 1, work may not be
transfei·red from under the Agreement to employes
under ^.nother aCreement except by negotiation.
The wcrK of the rule are plain and the intent
is clear. In the confronting: case no positions
were transferred but that there was a transfer
of work cannot be doubted. The ACreemont was
made by the Carrier and the Organization and,
its meaning teing claar, it is the "unction of
this Roard to enforce it
4s
made."
_5_ LABOR -E"BFR'S ANSWER TO C,^-,R:;!
NE?'REFS' DISJfa;T ':0 AWARD 1971
(DOCKET CL-1^727)
i
Referee Coffey held in Award
7349:
"ale have it on good authority that the Employes
were compelled to resort
7:o
arbitration to Get
the protection trey see in a rule that embraces
both positions n.nd work. They stress what is
now stated in clear and unambiguous terms, as
an obliSition of contract, that ' * * * nothing in this agreement shall be construed to permit the r
application of these rules, * '' '' except by
agreement between the parties signatory hereto.' ."
Referee ^orsey held in Award
11586:
"In prior Ay:rds of this Board it has been establ'_s::e:; that when the Sccpe ?-'ale provides
_hat 'T=_itionu or 7ork' may .not be removed from
the lgr_e-.ent exc:pt by negotiation, _ Carrier's
anila`eral action abolishina a 'position' and
assigning :.e ' .:.o:::' to another clazo or craft
1Ytt
is a violation of the Agreement.
in Award
11127,
Referee Dolnick stated:
"The
m _ _- Award
7'72
(Carter)
,._
ccnpa^able
. .a,.:.. _.
to the _ _,._s i.^. t._._ dispute before us. :e lul°
invoivel ~av al z, comp arablol to Rule 1(e)· of the
Clerks' k.jreewent. ,. said:
'Several ai:ardz of this Division have held
that .ales similar to Rule 1 (L) require
that tKe work o_° a position may not `c
removed from the <a pplii^a.tion of the =-reement -ycept by aareement or mediation.'
Referee Coburn held in Award 12414:
"As has teen Stat":a, the effective date of tin
Agreement leforp us is j anus.";; 1,
1957.
The
evidence .7taK'i3Ksv that from and af!!°-' that
date ..n`.
._ ,.._ ._.
^n·1 ,^=^::
nlericM _poniticns
sat .'Iey,.n:ilie ..er°. abolished a.^.d the t,icket.seilin7 .^rk divi0nd tetwenn the Q'n`_
remaininj- Ticket Clerk is Spptcmber
~PO
October
-6-
LABOP
7"77n,__S
n.·~St.~P TO f`;.:'.°__
7EKBERSt , TSSENT TO ATAID __(DOCK7;T !'E-=n
7 27 \
"of that ;,rear, t~·,ployes covered by t:ie APreement
were enna_ed in the wor:: of handlin_- ticket sales
and ?-r: duties ···.-.l ated t'iereto. Thc-Y 7:ere so engaged i hen the -°s
becare ~P^lieable. Thereafter, t,;,..:! -.oziticn of
Tic::c` C.er'.:
.:i·?
the ;:o?:. of oclll-..- tic:·:etc
appprt :in_:,~ t ereto could not be rer:oved unj?cr
the cle._ o.t.d e:.:plicit 'anF-un.-e of the rule ey.cept t:,; .re_-otiation -tend
ar
·^eement of the nart.tes.
Al·,ards
3Cr3, c7'_
05(10, 9673 and 1)416 are C5irectly in point and controll_nC.
As to t.;:ard 114,)5 (Third Supplemental) also relied u:: b.,: the .Carrier and 'involvin;; thes
part!-e: and the identical ."cope rule, apparently
there t!-.e referee o:as per;;uaded to -^p-l_y the test
of evcl,as-ve
::."2·::
rerfor:-ance and fc`.=nd that the
evidcn^e to mect it was insufficit·nt. Out position =-, a:: has been stated, that the special
Scope .^i,:le prcvisions of the AEree7.ent in evi.dence 1.=re obvi:;te the necessity of showin;- suc
excl,,:Fi- o perfor-.ance by the ·-ovinC party."
And, Referee F?:use stated in Ai.:a:,d 16126:
,:or!:
1.;
C;escrib·_'. above
r..
covereC'· 1.y the . .^.ope
Rule and under Parac-raph ('s) of th::` Rule,
;ay
not be re:.:oved "tom cover ,,,,-e of the Agreement
except t,.agree:rent of the parties."
Also, see Awards:
At:ard Referee
6357 Donald F. i"cT'l.hon
6937 A. Langley Coffey
7129 Edw. F. Carter
8236 Edw. P.^ Lynch
11983
Jim A. Rinehart
148811 John II. Dorsey
1760,) Gene
T.
Ritter
17934 Chas. :. Ellis
Examination of the abundance of authorities, the literal
lan-uaFe of tt:e rule, and the record, clearly establishes that
=7- LABOR Fr7"°EP" f.:TSWER TO
'%ISr'ICARRI
;.,
·n;_~
r -.,m
_O AWARD 1^''
'. Sc.- , , .
(DnCI'ET CL-=1727)
it is Carrier 1"embers' Discent to Award
19719
that is a r~
t;,· - not Award
19719.
pj.
~;.
Tletcher, Labor ~..'er:cer
=73
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