NATIOM RABitGAD ADJUSTMENT HOARD
THIRD DIVIBICHI Docket Number CL-20914
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and
Steamship Clerks, Freight Handlers,
Express and Station Employes
PARTIES TO DISPUTE:
(Robert W. Blanchette, Richard C. Bond
and John 8. McArthur, Trustees of the
Property of Pawn Central Transportation
Company, Debtor
STATEMENT OF CIAIM: Claim of the System Committee of the Brotherhood
(OL-7631) that:
1. Carrier violated the Agreement when it abolished the position
of Chief Car Control Clerk, the Office, South Worcester Yard & Freight,
Worcester, Massachusetts and required and permitted the Supervisor of Yard
Procedures to usurp the duties of Chief Car Control Clerk thereby relieving
the Chief Car Control Clerk of his assigned duties so that he could perform
the duties of the abolished Chief Car Control Clerk position.
2. Carrier shall now be required to return the duties of Chief
Car Control Clerk position to the Office, South Worcester Yard & Freight,
Worcester, Massachusetts in accordance with our current Clerks' Agreement.
3. Carrier shall now be required to
pay
Mr. William McGee,
seniority date 6:21:41 the penalty rate of the abolished position, Chief
Car Control Clark, $54.41 per day commencing Monday, August 28, 1972 and to
continue as long as the Chief Car Control Clark's position is occupied by
the Supervisor of Yard Procedure.
OPINION OF BOARD: The basic contention of the Employee is that the Car-
rier violated the Clerks' Agreement with the former
New Haven Railroad, when it transferred work of the abolished Chief Car
Control Clerk position to the position of Supervisor of Yard Procedures.
Upon the inclusion of the former New Haven in the Merged Company,
the terms and conditions of the Merger Protective Agreement became applicable. The Claimant was prot
21019 and 20921.
The record before us does not support a violation of the applicable Agreement. Therefore, we wil
Award Number 21190 . Page 2
Docket Number CL-20914
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 13th defy of August 1976.