NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21148
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Butte, Anaconda & Pacific Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-
7882) that:
1. Carrier violated the Clerks' rules agreement at Anaconda, Montana, when, on May 15, 1974, it
2. Carrier shall.now be required to restore the title of "Warehouseman" to the position in the S
shall be adjusted to reflect subsequent general wage increases.
3. Carrier shall now be required to pay Robert Maehl, his substitutes
and successors, $3.28 for each day the Junior Warehouseman position was and is
assigned to work, commencing May 23, 1974; said amount to be adjusted to reflect
all subsequent wage increases.
OPINION OF BOARD: In May of 1974, Carrier awarded the position of Junior
Warehouseman. The Employee protested the action, asserting
that the position should have been bulletined as a Warehouseman. They contend
that the bulletin in question contained the same major assigned duties as a
Warehouseman - rather than those formerly assigned to the Junior Warehouseman,.
which is contrary to Rule 39:
"RULE 39. ADJUSTMENT OF RATES
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, the compensation for
such position will be subject to adjustment by mutual agreement with the duly accredited representat
positions will not be discontinued and new ones created under
the same or different titles covering relatively the same
class or grade or work, except by negotiation."
Both parties have stressed that the opposing party has submitted documents which were not consid
the property. Consistent with the long-established procedures of this Board,
we have disregarded all such items and confined our consideration solely to those
matters which are properly before us.
Award Number 21127 Page 2
Docket Number CL-21148
The Employes have the burden of proving the claim. Obviously, the
Agreement would preclude a unilateral reduction of compensation for a given
position, but we are unable to find a specific showing of facts, on the property, to warrant a concl
noted that a Junior Warehouseman assists a Warehouse Foreman - not a Warehouseman, and we have also
the position of Junior Warehouseman has been occupied, in the past, when the
Warehouseman position was vacant.
In Award 18082, relied upon by Claimants, there was a finding that
an established position was discontinued, and a new position created which
covered "relatively the same . . work..." This record does not present sufficient factual evidence f
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.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:-"A/0
Executive Secretary
Dated at Chicago, Illinois, this 16th day of July 1976.