PARTIES TO DISPUTE:
STATEMENT CF CLAIM:
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Don Hamilton, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers
( Express and Station Employes
(
(Southeastern Demurrage and Storage Bureau
Award Number 22215
Docket Number CL-22193
Claim of the System Committee of the Brotherhood
(GL-8406) that:
(a) The Bureau has violated the Rules Agreement, particularly
Rules 5, 6, 9, and 12 by arbitrarily and capriciously awarding a position
to the junior qualified employee bidding on the vacancy.
(b) Claimant J. A. Mason should be paid at her respective
regular basic rate of pay at the straight time rate, in addition to what
she has already been compensated, for each of her regularly assigned
days commencing February 2, 1976 and continuing until this dispute is
settled.
OPINION OF BOARD: This is a companion case to Award 22214.
This claim seeks additional compensation for Claimant Mason
because a position described in Bulletin No. 2435 was awarded to a
junior employe, J. R. Fleming. Claimant Mason has been working the
position described in the Bulletin, and Fleming worked the Mason vacancy.
It is clear from Rule 6 that the Carrier should have issued
a bulletin awarding the position to Mason. It is also clear that as a
result of the violation, Mason lost no wages.
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.
i
Award Number 22215 Page 2
Docket Number CL-22193
A W A R D
Part (a) sustained; Part (b) denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: 7/[/.
Executive Secretary
Dated at Chicago, Illinois, this 15th day of November 1978.