NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22522
James F. Scearce, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8591) that:
1. Carrier violated the terms of the current agreement
between the parties when it failed and refused to accord Ms. F. E.
Bowie, B. J. Page, D. N. Jenkins or T. S. Black preference in the
assignment to position of Secretary to the District Manager of Sales
at Memphis, Tennessee, over an employee who held no rights under the
scope of the agreement and, in fact, was not employed by the St. LouisSan Francisco Railway Company
2. Carrier shall now be required to compensate Ms. B. J.
Page as additional day's pay beginning April 18, 1977, at the rate of
the secretarial position which she was denied until she was assigned
the position on Monday, August 8, 1977.
OPINION OF BOARD: This case involves a claim for an alleged refusal
by the Carrier to place a represented employe
in a non-represented position, such action involving a voluntary
reduction in pay of in excess of $400 per month.
The pertinent provision of the Agreement merely requires
the Carrier to give "preference" to represented employes for nonrepresented positions such as the on
been adduced to suggest that the Carrier did otherwise; indeed, until
Claimant Page made known her interest by letter dated July 28, 1977,
the record reflects only a verbal inquiry on her part some months
earlier which was never pursued. There are various assertions by the
Organization on the record which need not be explored here; suffice
to say that contentions of the Organization offer nothing to persuade
this Board that its claim has merit.
Award Number 22676 Page 2
Docket Number CL-22522
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 is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1979.