NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21872
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
( (Former Lehigh Valley Railroad Company)
STATEMENT OF CLAIP4: Claim of the System Committee of the Brotherhood
(GL-8240) that:
(a) Carrier violated the May 1, 1955 Rules Agreement,
particularly Rules
3,
7, 26, 45 and the applicable Extra List
Agreement, when it failed to call Extra Clerk Mike Kordek to fill a
vacancy in the position of Scale Clerk in the Allentown Consolidated
Yard on May 14, 1975.
(b) Carrier now be required to compensate Claimant Mike
Kordek for the earnings of which he was deprived by said Agreement
violation on the date of May 15, 1975.
OPM014 OF BOARD: The issue presented in this dispute, when carved
from other extraneous and irrelevant matters,
concerns the right of the Carrier to blank a position where the
regular incumbent marks off. Petitioner asserts that Rule 7 of the
May 1, 1955, Rules Agreement and the Extra List Agreement afford him
the primary right to be used to fill the position. Carrier contends
there is no extra list agreement covering the Allentown Consolidated
Yard, and for that reason there is no contractual support for the
claim.
We agree with the Carrier and deny the claim.
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;
Award Number 21945 Page 2
Docket Number CL-21872
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 BQARD
By Order of Third Division
ATTEST:·(/(/~ (/~//Q2~tExecutive Secretary
Dated at Chicago, Illinois, this 15th day of March 1978.
C4Z:
IAAR271-978
J . ESE
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