NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-22734
Rodney E. Dennis, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
Express and Station Employes
PARTIES TO DISPUTE.
(The Western Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-8661) that:
1. The Western Pacific Railroad Company violated the
current Clerks' Agreement when on June 1, 1977, and those subsequent days
upon which they instructed Mechanical Department employes not covered
under the Agreement to perform work belonging to the Sacramento Store
Department Clerks.
2. Clerk W. J. Funk whose position was subsequently abolished
because of the elimination of this work on June 3, 1977, shall be allowed
eight hours at time and one-half for the violation of the Current Agreement on all dates upon which
re-established. (All dates on which the violations have occurred are being
mutually kept by both Carrier and Employes through claims of a like nature.)"
OPINION OF BOARD: The issue in dispute in this case seems to us to be squarely
on point with that in Award No. 1, Public Law Board
2172, Dana E. Eischen, chairman, involving the same parties. That award
denied the claim of the Organization. We do not find Award 1 to be in error.
The present 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 Employee involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
Award Number 23030 Page 2
Docket Number CL-22734
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
By
Order of Third Division
ATTEST
Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1980.
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