NATIONAL RAILROAD ADJUSTD9;NT BOARD
THIRD DIVISION Docket Number CL-20658
William M. Edgett, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATEMENT OF CLAIM: Claim of the Burlington Northern System Board of
Adjustment (GL-'7504) that the Carrier:
1. Violated the Working Agreement, with an effective date of
March 3, 1970, at Grand Forks, North Dakota, on October 2 and October 5,~
1972, when it assigned Mr. Richard D. Horner, Chief Clerk, to fill a
vacancy on overtime on the position of ISC Clerk and on the position of
Assistant Chief Clerk respectively, and failed to pay him at the time
and one-half' rate of his re·ular assignment which is superior to the
rates of the assignments filled.
2. Shall now be recuired to make payment of difference between
the.time and one-half rates that were allowed and the time and one-half
rate of his regularly assigned position.
_OPINION_OF_BOARD: The basic facts and the applicable provisions of the
Agreement are essentially the same in all material
respects to those found in Award No. 20820, the Board's decision in that
case mandates a sustaining Award here.
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 CErrier and the T~Imroloyes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved Jure 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the A;reement was violated.
Award ember 20905 Page 2
Docket Number CL-20658
?· ;l A R D
Claim sustained.
MTIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
xecutive
N
Dated at Chicago, Illirais, this 16th day of January 1976,