NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21130
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE: (
(The Detroit and Toledo Shore Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-7877, that:
1. The Carrier violated the effective Clerks' Agreement when it
arbitrarily and improperly established a rate of pay for the new position
of No Bill - Car
Service Clerk without prior negotiation between the parties:
2. The Carrier shall now be required to establish, through negotiations, a proper rate of pay fo
Bill - Car
Service Clerk;
3. The Carrier shall now be required to compensate Clerk H. C. Tooman, and/or his successor or s
who may have stood in the same status as claimant, and who was adversely affected, the difference be
Bill - Car
Service
Clerk, established through negotiations, and the rate of pay arbitrarily established by the Carrier
for each and every day thereafter, five days per week, Monday through Friday,
that a like violation exists;
4. The Carrier shall now be required to compensate all other employes who were adversely affecte
pay they received and that which they. would have received had the Carrier
properly established a rate of pay by negotiation for the position of
No
Bill - Car
Service Clerk and bulletined said position in accordance with
Rules 9 and 10 of the applicable Agreement, to be determined by a joint
check of the Carrier's records, commencing April 8, 1974 and for each and
every day thereafter that a like violation occurs.
OPINION OF BOARD: Although this dispute is concerned with the position
of "No
Bill - Car
Service Clerk" and certain of the
dates are different, the same basic facts, issues and concepts before us
in this Docket were presented to us in Award No. '21274. For the same
reasons stated in our Award No. 21274, we dismiss this claim for failure
of proof.
Award Number 21275 Page 2
Docket Number CL-21130
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 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 Board has jurisdiction over
the dispute involved herein; and
That the claim be dismissed for failure of proof.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of October
1976.