NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21907
(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 AIM: Claim of the System Committee of the Brotherhood
GL-8262, that:
(a) Carrier violated the Rules Agreement, effective May 1,
1955, particularly Rule 11 thereof, when it failed to bulletin and
regularly assign a Position of Eastbound Bill Clerk at the Piggyback
facility - Newark (Oak Island), New Jersey - and, in lieu thereof,
required the work of such position to be performed by an employe called
from the extra list to perform work alleged, by the Carrier, to be that
of an extra typist since May, 1974.
(b) Carrier now be required to comply with the aforesaid
rules of the said agreement by bulletining and regularly assigning an
Eastbound Bill Clerk position at the Oak Island Facility, at the
appropriate rate of pay, to perform its Eastbound billing work.
OPINION OF BOARD: The facts pled and proven in this case are so
irreconcilably is conflict that it is not possible
for the Board to make a decision on the merits of this case. Therefore,
the claim will be dismissed.
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
21973
Page 2
Docket Number CL-21907
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 dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:~
PAa4=:-'t
Dated at Chicago, Illinois, this
31st
day of March
1978.
AP13
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