NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20939
(Brotherhood of Railway, Airline & Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7702) that:
1. Carrier violated the Agreement between the parties when
they employed Mr. M. E. Finney and paid him only one dollar and sixty
cents ($1.60) per hour Monday, October 1, 1973, through Friday,
October 5, 1973.
2. Carrier shall pay 1r. Finney the difference between
$1.60 per hour and the Extra Board rate of $5.041+5 per hour.
3. Mr. Finney shall. be given a seniority date of September
10, 1973, (the first day of his assigned service as student
Operator).
OPINION OF BOARD: Since the controlling Agreement does not provide
special rates for trainees, if the Carrier pays
anything at all, it is obligated to pay the established rate. There
is no Agreement authority for the $1.60 per hour paid Claimant
Finney. Parts 1 and 2 of the claim have merit. Part 3 of the claim
was not processed on the property and therefore must be dismissed.
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 .lumber 21608 Page 2
Docket Number CL-20939
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
Parts 1 and 2 of the claim sustained; Part
3
of the claim
dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago Illinois, this 29th day of July 1977.
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AU G 2 4 1977
J J BERG
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