NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21325
' (Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk, Franklin & Danville Railway
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL-
7982, that:
1. Carrier violated the agreement between the parties when on
October 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 28, 29$ 0 and 31 and November 1, 1974, it refused or
Jarrett for the Agent-Operator's rate of pay and'in lieu thereof compensated
him at the Clerk-Operator rate of pay while working at Franklin, Virginia.
2. Carrier shall now be required to compensate Extra Telegrapher
L. T. Jarrett for eight (8) hours each date listed in Item 1 the difference
between the Agent-Operator rate at Franklin, Virginia of $5.4675 per hour
and the Clerk-Operator rate paid $5.0875 per hour.
OPINION OF BOARD: Claimant L. T. Jarrett is employed by Carrier at Franklin_
Virginia as an Extra Relief Clerk-Operator. On claim
dates the regularly assigned Agent-Operator at Franklin worked his. assigned
hours of 7:OQ A.M. to 3:00 P.M:. Claimant was called to work as Clerk.Operator
on those dates from 2:00 P.M. to 10:00 P.M. Claimant was reimbursed at the
Clerk-Operator rate of pay but he claims payment at the Agent-Operator rate.
There is no probative evidence that the Claimant relieved the Agent-Operator
on the dates in issue and there is no proper basis for awarding the difference in pay as claimed.
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
?ct, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
Award Number 21350 Page 2
_, , . Docket Number CL-21325
That the Agreement was not violated.
A W A. R D
,. . 'Claim. denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: &.O~
Executive Secretary
bated at Chicago, Illinois, this 16th day of December 1976.
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