NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19859
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline & Steamship Clerks,
(Freight Handlers, Express & Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad
(Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7193) that:
1) Carrier violated and continues to violate the Clerks' Rules
Agreement when it arbitrarily, without conference, negotiation or agreement
between the parties, abolished positions in Seniority District No. 156 at
Austin, Minnesota and transferred the work to positions and employes in
Senority District No. 158, 150 and 154 located at Cedar Rapids, Minneapolis
and Sioux City respectively.
2) Carrier shall now be required to compensate employe E. F.
Smith for eight (8) hours at the straight time rate of pay of Chief Revising
Clerk Position 88620 for May 17, 1971 and for all subsequent days until the
violation is corrected.
3) Carrier shall now be required to compensate employe S. S.
McGuire for eight (8) hours at the straight time rate of pay of Bill Expense
Clerk Position 88640 for May 7, 1971 and for all subsequent days until the
violation is corrected.
4) Carrier shall now be required to compensate employe R. 0.
Jahr for eight (8) hours at the straight time rate of pay Grade A-Revising
Clerk Position 88630 for May 7, 1971 for all subsequent days until the
violation is corrected.
5) Carrier shall now be required to compensate employe L. T.
Williams for eight (8) hours at the straight time rate of Cashier Position
88600 for May 7, 1971 and for all subsequent days until the violation is
corrected.
OPINION OF BOARD: The Organization protests the transfer of work from one
senority district to another.
The employees failed, on the property, to cite any specific rule
of the Agreement as having been violated. This Board has recently decided
in Awards 19857 and 19858 concerning the same parties. For the reasons
stated in those Awards, the claim herein is dismissed.
Award Number 19902 Page 2
Docket Number CL-19859
As stated in Awards 19857 and 19858, inasmuch as this claim
is disposed of on procedural grounds, no determination is made concerning
other issues raised by the parties.
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 claim be dismissed for reasons set forth in the Opinion.
A W A R D
That the claim is dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
~~
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 8th day ofAugust 1973,
NATIONAL RAILROAD ADJUSTMENT BOARD
Award :lumber 19902
THIRD DIVISION Docket Number CL-19859
Joseph A. Sickles,
Referee
(Brotherhood of Railway, Airline & Steamship Clerks,
(Freight Handlers, Express & Station Employes
PARTIES TO DISPUTE:
(Chicago,
Milwaukee, St
. Paul and Pacific Railroad
(Company
STATEMENT OF u7.AIM: Claim of the System Committee of the Brotherhood
(GL-7193) that:
1) Carrier violated and continues to violate the Clerks' Rules
Agreement when it arbitrarily, without conference, negotiation or agreement
between the parties, abolished positions in Seniority District No. 156 at
Austin, Minnesota and transferred the work to positions and employes in
Senority District No. 158, 150 and 154 located at Cedar Rapids, Minneapolis
and Sioux City
respectively.
2) Carrier shall now be required to compensate employe E. F.
Smith for eight (8) hours at the straight time rate of pay of Chief evisigg
Clerk Position 88620 for May 17, 1971 and for all subsequent days until the
violation is corrected.
3) Carrier shall now be required to compensate employe S. S.
McGuire for eight (8) hours at the straight time rate of pay of Bill Expense
Clerk Position 88640 for May 7, 1971 and for all subsequent days until the
violation is corrected.
4) Carrier shall now be required to compensate employe R. 0.
Jahr for eight (8) hours at the straight time rate of pay Grade A-Revising
Clerk Position 88630 for May 7, 1971 for all subsequent days until the
violation is corrected.
5) Carrier shall now be required to compensate employe L. T.
William. for eight (8) hours at the straight time rate of Cashier Position
88600 for May 7, 1971 and for all subsequent days until the violation is
corrected.
OPINION OF BOARD: The Organization protests the transfer of work from one
senority district to another.
The
employees failed,
on the property, to cite any specific rule
of the Agreement as having been violated. This Board has recently decided
in Awards 19857 and 19858 concerning the same parties. For the reasons
stated in those Awards, the claim herein is dismissed.
Award Number 19902 Page 2
Docket Number CL-19859
As stated in Awards 19857 and 19858, inasmuch as this claim
is disposed of on procedural grounds, no determination is made concerning
other issues raised by the parties.
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 claim be dismissed for reasons set forth in the Opinion.
A W A R D
That the claim is dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ~~, ~~I
Executive Secretary
Dated at Chicago, Illinois, this 8th day of August 1973.