NATIONAL RAILROAD ADJUSTMENP BOARD
THIRD DIVISION Docket Number CL-22557
Richard R. Kasher, 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-8566)
that:
1) Carrier violated the Clerks' Rules Agreement at Janesville,
Wisconsin commencing on November 8, 1976 when it failed and/or refused to
fill the vacancy on Yard Clerk Position No. 52640 in its entirety.
2) Carrier shall now be required to compensate Employe J. Frierdich
an additional eight (8) hours at the time and one-half rate of Position No.
52640 for November 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23 and 24, 1976.
OPINION OF BOARD: Carrier has been charged with violating the Clerks'
Agreement at Janesville, Wisconsin, by failing to fill
a vacancy on Yard Clerk Position No. 52640 in its entirety, on November 15,
16, 17, 18, 19, 22, 23 and 24, 1976. The Rule in question, Rule 32, reads
in pertinent part as follows:
RULE 32 - OVERTIME
"(f) In working overtime before or after assigned hours
. the employe regularly assigned to position on
which overtime is required will be utilized. It is
understood that the word 'regularly' as contained
in this role 32 (f) means that the employe who
occupies a position either temporarily or permanently
at the time overtime work occurs will be used for
the overtime work. .
"(g) When additional help is required for overtime work
or when the duties to be performed on overtime
cannot be identified with a specific position,
employes will be assigned to such overtime in accordance with seniority, fitness and ability, first
the subdivision of the department
...."
Award Number 22841 Page 2
Docket Number CL-22557
During the claim period, November 15 through November 24, 1976,
a vacancy existed on Position 52640, Yard Clerk, located at Janesville,
Wisconsin. The assigned hours of Position 52640 were 3:00 p.m. to 11:00 p.m.,
Saturday and Sunday rest days. Claimant occupied Position 51050, Demurrage
Clerk. Janesville, Wisconsin, and his hours were 5:30 a.m. to 2:30 p.m.,
Saturday and Sunday rest days. Both positions carried the same rate of pay.
To partially fill the vacancy the Carrier required the Third Trick
Clerk to report for work four hours early. The Organization contends that
the position should have been filled for eight hours and that Claimant
should have been used to fill the position even though he was junior to
the Third Trick Clerk who worked the position for four hours and junior
to two other employes that the Carrier alleges would have been called before Claimant if Carrier cho
hour assignment.
The Organization strongly contests Carrier's right to blank four
hours of the assignment, however, they cite nothing in the controlling agreement which persuades us
cites several awards regarding blanking of vacancies, but none seem to be
applicable to the instant matter. Moreover, the case is replete with
serious conflict in the basic facts pertaining to the situation. This
Board is unable to resolve such factual conflicts. The claim will be denied.
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
Carrier did not violate Rule 32.
Award Number 22841 Page 3
Docket Number CL-22557
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
w4o
Dated at Chicago, Illinois, this 16th. day of May 1980.