NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21969

THIRD DIVISION Docket Number CL-21840

Don Hamilton, Referee

(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 CLAIM: Claim of the System Committee of the Brotherhood (GL-8223) that:

(a) Carrier violated the Rules Agreement, effective May 1, 1955, when it failed to call Ms. Evelyn Gietter for a vacancy on a clerical position at Oak Island Ramp on September 16, 1974.

(b) Carrier now be required to compensate Ms. Evelyn Gietter for one mini-- day at the pro rata rate of the position of which she was deprived.

OPINION OF BOARD: This Division has held that where, as in this case,
the Local Chairman does not receive a reply from
the Trainmaster, timely denying the claim, the same must be sustained.

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.

Award Number 21969 Page 2

Docket Number CL-21840

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 31St day of March 1978.

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