:ATIONAL P,AILROAD ADJUSTKENT WARD

Award Number 19872

THIRD D(vISION Docket Number CL-19935

Irwin M. Tieberman, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(J. F. Nash and R. C, Haldeman, Trustees of the Property o
(Lehigh valley Railroad Company, Debtor

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7145) that:

(a) Carrier violated the Agreement between the parties effective as revised May 1, 1955, when it locked out employes in the General Offices, posting notices that all positions were suspended May Lt and 18, 1971, due to Strike of Signalmen; and then used Supervisory Excepted Personnel to perform clerical duties on D
(b) The Carrier shall be required to compensate the following regularly assigned employes, whose work and positions were covered and. performed by Supervisory Excepted Personnel on May 18, 1971, as follows-

NAME OF CLAI;4INT ASSIGNED POSITION TINE CLAIMED

Ruth Seifert Clerk - C.F.A. 8 hours

Braden Paulus Clerk - C.F.A. 8 hours

OPINION OF BOARD: The Claim herein, on behalf of two clerical employees,
alleges a lockout on stay 17 and May 18, 1971, during the
Signalmen's strike, and the use of Supervisory Personnel to perform clerical
duties on Play 18, 1971. The identical issue, but with other claimants from
the same office, was decided by this Board-in Award 19836. In that case we
found that there was no evidence to suggest that Claimants attempted to report
to work or that they would have crossed the picket line. In this case similar
ly, there is no showing that claimants made any effort to report for duty, and
we must deny the claim for the reasons set forch in Award 19836,

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and al l.theevidence, finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respeccively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 193

v
61,

Award `'.umber 19872 Page 2

Docket :Dumber t:L-19935

That this Division of the Adjustment 2oard 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 ardor of Third Division

ATTEST: ~~

Executive Secretarv

Dated at C1licago, 111inois, 1i,t:- 7th d~:v

" .tulv 19?1.