NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21802
James F. Scearce, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Ecpress and Station Eaployes
PARTIES TO DISPUTE:
(Western Weighing and Inspection Bureau
STATE OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8234), that:
(a) The Bureau abolished Positions No. 83 and No. 84, Service
Man (Leadman) at Minneapolis, Minnesota, then. created a new Position No.
86, Service Man (Leadman) at the same locations.
(b) By the above action the Bureau violated the Rule Agreement,
effective September 1, 1949, especially Rule 12, due to this being a paper
abolishment.
(c) Claimants D. N. Newton and N. G. Hentges should be allowed
an hourly rate of pay ($5.03 per hour) for all time being separated from
the above position.
OPINION OF BOARD: In Minneapolis the Western Weighing and Inspection'
Bureau maintains a grain door department, where
employes represented by Petitioner perform the work of installing either
wooden or paper grain door barricades in preparation of grain loading in
box cars at grain elevators.
In the latter months of 1974, WWIB incurred a substantial
business decline. As a result of this decline, the Bureau abolished two
Leadman - Service Man positions in the Minneapolis area and established
a new position combining the former locations assigned to the abolished
Leadman positions.
It is argued that these changes violated the terms of the
agreement, and specifically, Rule 12 (c), which provides:
"In reducing forces in an office, the
lowest rated positions in the class
in which the reduction occurs will be
abolished."
We can find no violation. of Rule 12 (c) or arty other rule of
the agreement. The newly established position of Service Man (Leadman),
Award Number 21764 Page 2
Docket Number CL-21802
as shown on Bullet=n Number 12 dated October 10,
1974,
carried the
same rate of pay as those of the abolished positions and the same
rate as all other serviceman positions. Under these circumstances,
there has been no violation of the agreement and the claim will be
denied.
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 Ennployes 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 ADJUSTMM BOARD
By Order of Third Division
ATTEST:
2
Dated at Chicago, Illinois, this 14th day of October 1977.
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