NATIONAL RAILROAD ADJUSUENT BOARD
THIRD DIVISION Docket Number CL-21937
George S. Roukis, Referee
(Brotherhood of Railway, Airline & Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
Consolidated Rail Corporation
(Former Lehigh Valley Railroad Company)
STATEMEINT OF CLAIM: Claim of the System Committee of the Brotherhood
GL-8287, that:
(a) Carrier violated the Rules Agreement, effective May 1,
1955, particularly Rules 45, 3, 7 and 9 thereof, when it required
Mrs. A. Griscavage to suspend the work of her assigned position (Lead
Clerk - MFA) and perform the assigned duties of another position
(Lead Clerk - Piggy Back Department) on the date of March 14, 1975.
(b) As a consequence of that violation Carrier now be
required to compensate Mrs. Griscavage in the amount of one day's pay
at the pro rata rate of the position of Lead Clerk - MFA.
OPINION OF BOARD: This Board has reviewed all the pertinent facts
and arguments respecting the bona fides of this
case and conclude that the issue posed for our determination is
identical to the question and concomitant fact particulars adjudicated
by us in Award 21639 (Referee Smedley). The issue simply stated is:
May a clerk be reassigned the duties of another clerk's position for
a day without contravening the collective agreement?
-- We recognize the importance of decisional law in guiding
the focus of our critical analysis and, of necessity, cannot disregard
the compelling presence of persuasive precedent.
In the instant case we have essentially the same rules and
basic arguments as those considered in Award 21639, supra, and
accordingly we do not find them inconsistent.
The claim will be denied.
Award Number 22010 Page 2
Docket Number CL-21937
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
Iabor 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 ADJUSTD= BOARD
By Order of Third Division
ATTEST: ~iQ./
Executive Secretary
Dated at Chicago, Illinois, this 14th
day
of April 1978.