NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21760
Herbert L. Marx, Jr., Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers
( Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific
( Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8210, that:
1. Carrier violated the Clerks' Rules Agreement on February
16,
March 2, 9, 23, 30, April
6
and 13, 1975 when it failed to utilize the
regularly assigned employe to perform work on the aforementioned Sundays,
which he normally performs Mondays through Fridays.
2. Carrier shall now be required to compensate employe
R. A. Fountaine for five hours and twenty minutes (5'20") at the penalty
rate of his regularly assigned Position 2120 on February
16,
March 2,
9, 23,
30,
April
6
and
13,
1975, and all subsequent dates that this
violation continues.
OPTNION OF
HOARD: Among the dates specified in this case, the
Organization has withdrawn its claim concerning
work on February
16,
1975, and March 23, 1975.
Except as to dates, this claim is identical in all respects
to that disposed of in Award No. 21820 (Scearce). The Board denied the
Organization's claim in that case, and the Board is not persuaded that
the award was in error. The present claim will, therefore, be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
,record and all the evidence, finds and holds:
Tta t the parties waived oral hearing;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
Award Number 22192 Page 2
Docket Number CL-21760
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
~'xecutive Secretary
Dated at Chicago, Illinois, this 29th day of September 1978.
aC E I VFo
OCT 12 1978
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office
Award Number 22191 Page 3
Docket Number CL-21751
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
aver the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
dAll
Dated at Chicago, Illinois, this 29th day of September 1978. ,