NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
George S. Roukis, Referee
Award Number
22539
Docket Number MSK-21079
(Frances Davis and Helen S. Frederick
PARTIES TO DISPUTE:
(REA Express, Inc.
STATEMENT OF CLAIM: "This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of our
intention to file an ex parte submission on December 22, 1974 covering
an unadjusted dispute between us and the Railway Express Agency now
known as REA Express involving the question:
1. that correspondents were entitled to 781 sub day
payments of supplemental employment benefits under the provisions of the book of rules, page 24, Rai
Labor Management Act of 1947, and Labor Management Reporting
and Disclosure Act of 1959, as said acts may be amended to
date;
2. that as of October 5, 1973 and to date, Correspondents have received only 552 and 555 sub day
,supplementalemployment benefits;
3. that Correspondents have not received full payment
pursuant to the above cited rules and regulations duly
enacted and in force at the time of their furlough and are
entitled to such payments as are due and owed to them;
including full seniority rights and other benefits due
correspondents."
OPINION OF BOARD: This Board has carefully reviewed the fact
specifics of this dispute and finds that
petitioners are not entitled to the relief requested.
Rule 13 (c) which they rely upon was amended by Rule IX of
the May 3, 1973 Agreement and limits the benefit payments to 90 days.
Since petitioners were covered by the aforesaid rile
modification with the exception of the provision protecting employes
affected by Arbitration Board No. 312, we must conclude as a matter
of fact and law that they received their full benefit entitlements.
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Award Number
22539
Page 2
Docket Number MSX-21079
Petitioners were furloughed from service more than a
year before the consolidation of the New York and Chattanooga
Regional Accounting Offices was consummated on September 4, 1972.
Their status was not affected by this development.
Inasmuch as they were covered by the remainder of the
Rule 13 clauses, they received their full benefits by October 5, 1973.
As such, we are compelled by the facts of record to deny the claim.
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:~:~J
t~
Executive Secretary
Dated at Chicago, Illinois, this 28th day of September
1979.
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