NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21848
(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-8259, that:
(a) Carrier violated the Rules Agreement, effective May 1,
1955, particularly Rules 1 (Scope), 3, 7, 26 and others, also provisions
of the applicable Extra List Agreement, when it failed to call Extra
Clerk, Mrs. E. Gietter for clerical work which had been assigned to a
position identified as Notification Clerk prior to the abolishment of
that position on February 26, 1975, and required or permitted the
incumbent of an excepted position to perform such work at the Oak
Island, New Jersey Piggyback Trailer on the date of March 10, 1975.
(b) Carrier now be required to compensate Mrs. E. Gietter
for one day's pay at the pro rata rate of the abolished Notification
Clerk's position for the date of March 10, 1975.
OPINION OF BOARD: In this case the Organization failed to offer
sufficient proof to establish that the work in
question was actually performed. Therefore, the claim must be denied.
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 Number 21970 Page 2
Docket Number CL-21848
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 BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 31st day of March 1978.
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