NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21262
Irwin M. Lieberman, 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 H. McArthur, Trustees of the
( Property of Penn Central Transportation
( Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-7853, that:
(a) Carrier violated the Rules Agreement effective February 1,
1968, particularly Rule 3-G2 (a) (1), the Scope Rule and the Extra List
Agreement by failing to properly assign the remaining duties of abolished
position G-340 at Shire Oaks, Pennsylvania, abolished October 12, 1971.
(b) J. F. Jobes, W. P. Veres, and all others affected by the
improper abolishment of Position G-340 each be allowed one day of eight
(8) hours at the appropriate pro rata rate of pay for October 12, 1971
and to continue for each consecutive date that the violation exists.
OPINION OF BOARD: Claimant herein was a first-shift Crew Dispatcher
at Shire Oaks,
Pennsylvania, the
incumbent of
Position G-340. The position was abolished October 12, 1971 and the work
transferred for the most part to West Brownsville, Pennsylvania.
The Claim herein is identical in all material respects to that
described in Award
21583
and was part of the changing pattern of
work at Shire Oaks initiated in 1971. Since the circumstances were
identical, the reasoning in Award
21583
is equally applicable to
this dispute, and is incorporated herein and included by reference.
For the reasons indicated in the prior award, the Claim will
be sustained; however, there will be no monetary award.
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;
Award Number
21584
Page 2
Docket Number CL-21262
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained to the extent indicated in the Opinion above.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 17th day of June
1977.