(Brotherhood of Railway, Airline & Steamship Clerks, (Freight Handlers, Express & Station Employes PARTIES TO DISPUTE: (Chicago, Milwaukee, St. Paul and Pacific Railroad (Company



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.



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.

                    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.