NATIONF.L RAILROAD ADJUST:·M_T BOARD
Aorard Nurioer 21766
THIRD DIVISION Docket Number CL-21555
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Port Terminal Railroad Association
STATEfI'NU OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8147), that:
(1) The Association violated the Agreement between the
parties at Houston, Texas, when it failed to give Clerk H. H. Cannon
at least five (5) working days advance notice in abolishing his regular assignment, Keypunch Verify
(2) The Association shall now allow Clerk H. H. Cannon one
(1) day's pay at the pro rata rate of Keypunch Verify Position No. 143
for Clay 16, 1975, to accomplish the fifth (5th) working day advance
notice requirement to employes whose positions are to be abolished.
OPINION CF BOARD: At 11:00 a.m. on Friday, May 9, 1975, the Carrier
posted Bulletin No. 511 which advised that
Claimant's position (Keypunch Verify 1143)-would be abolished after
working hours or. Thursday, flay 15, 1975. Claimant's assigned hours
were 7:00 a.m. to 3:00 p.m.
Claimant asserts that Carrier did not give a full five (5)
working day notice as required by the pertinent agreement.
Carrier concedes that "five working days notice must be
given," but it contends that Friday, thy 9, 1975 was one of those
days. In other words, it asserts that the working day during which
notice was given is properly included in computing the five (5) working
days advance notice.
The Board has consistently ruled to the contrary. See, for
example, Awards 14928, 15839, 15954 and 17219.
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Award Number 21766 Page 2
Docket Number CL-21555
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;
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.
NATIONAL RAILROAD ADJUSTI-"IT BCARD
· By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of October 1977.
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