C:\MYDOCU~1\SCHEDU~2\3-21276.htm

NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21276

THIRD DIVISION Docket Number CL-21139

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-

7879, that:

1. That the Carrier violated the effective Clerks' Agreement

,hen it arbitrarily and improperly established a rate of pay for the new position of Rate and Bill Clerk No. 1 without prior negotiation between the parties;

2. That the Carrier shall now be required to establish, through negotiations, a proper rate of pay for the position of Rate and Bill Clerk No. 1;

3. The Carrier shall now be required to compensate Clerk Mary C. Del Brocco, and/or her successor or successors in interest, namely, any other employe who may have stood in the same status as claimant, and who was adversely affected, the difference between the rate of pay of Rate and Bill Clerk Position No. 1 established through negotiations; and the rate of pay arbitrarily established by the Carrier ($43.4944 per day) commencing on April 4, 1974 and 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 affected, for the difference between the rates of pay they received, and that which they would have received had the Carrier properly established a Rate and Bill Clerk No. 1 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 records, commencing April 4, 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
"Rate and Bill Clerk No. 1.", 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 21276 Page 2

Docket Number CL-21139

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 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.