NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21117
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL7756) that:
Carrier violated the agreement.when it failed or refused to assign
the successful applicant, Claimant F. H. Money, to the Rest Day Relief Position advertised July 3, 1
For this violation, the carrier shall (1) now award to Claimant
Money the position to which he was the successful applicant, namely the Rest
Day Relief Position advertised July 3, 1973, and shall compensate him as
follows:
(2) pay him at the higher rate, beginning Friday, August 3,
1973, $5.32 per hour for each Saturday, $5.255 per hour
for each Sunday, and $5.41 per hour for each Wednesday, and
(3) pay him at the time and one-half rate of the Rest Day Relief
Position, beginning Friday, August 3, 1973, for Friday, August
3, 1973, and the same compensation for each Thursday and
Friday thereafter, and
(4) pay him a day's pay, at the straight-time rate of Inman Yard
and Austell, respectively, beginning Monday, August 6, 1973,
and pay him the same compensation for each Monday and Tuesday
thereafter, and
(5) pay him $7.00 per day, beginning Friday, August 3, 1973,
account working at Dalton, a different city or town from
the position advertised.
OPINION OF BOARD: The facts comprising the background of this dispute are
not contested. This claim alleges that Carrier violated
the Agreement by cancelling a bulletin before expiration date. As remedy
Claimant seeks appointment to the bulletined position, upon which he had
bid, and retroactive compensation together with other alleged damages.
The record shows that Carrier issued on July 3, 1973 a bulletin
advertising a relief position, with application to be received through July
14, 1973. Claimant, who then occupied a regular second trick assignment bid
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Award Number 21506 Page 2
Docket Number CL-21117
on the new position. However, the bulletin was cancelled on July 12, 1973;
ostensibly because as a result of changed conditions there was no longer
five days of regular relief work to be performed. Claimant thereafter
continued working the assignment that he previously occupied.
It is, of course, the prerogative of the Carrier to determine its
work force. The record contains no evidence of regular employes working on
their assigned rest days for the purpose of withholding work from additional
relief employes.
The record before the Board affords no basis for finding a violation of the Agreement.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
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By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of April 1977.
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