NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22572
William M. Edgett, 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 CIAIM; Claim of the System Committee of the Brotherhood (GL-8621)
that;
1. Carrier violated the terms of the effective agreement between the
parties when on October 15, 1976, it abolished the round house clerk position
No. 60 at Ft. Smith, Arkansas, rate of pay effective January 1, 1977, $51.27 per
day; and, at the time of the abolishment, assigned the duties to a janitor
messenger position No. 59 which has a rate of pay of $45.20 per day.
2. Carrier shall now be required to compensate Mr. Doug Nicholson, or
his successor as occupants of position No. 59, the difference between the rate of
the janitor messenger position No. 59 ($45.20 per day) and the rate of the round
house clerk position No. 60 ($51.27 per day) beginning December 31, 1976, until
corrected.
OPINION OF BOARD; This is a claim for the difference in rates of Position No. 60,
' round house clerk, and Position No. 59, janitor-messenger,
based upon the improper abolishment of Position No. 60 and the assignment of the
remaining duties to Position No. 59 on October 15, 1976.
The Organization contends Carrier violated Rules 56, 58, 59 and 60 when
it abolished Position No. 60 and required Claimant to assume a substantial portion
of the work assigned to the abolished position, promising to adjust the rate but
never following through with the adjustment.
Carrier contends that it implemented a program of repair and maintenance
for all GP-7 and GP-38 locomotive units, transferring the work to Springfield,
which resulted in a substantial reduction of the work required of the incumbent
of Position No. 60. Carrier also asserts categorically, that it "made no promises,
offered no advice, nor made any predictions on any subject" dealing with the
alleged rate increase. The Carrier contends that prior to the abolishment of
Position No. 60, the incumbent of that position and the incumbent of Position
No. 59 both performed some of the duties listed by the Organization and, furthermore, some of the wo
Award. Number 23089
Docket Number CL-22572
Page 2
Our evaluation of the record satisfies us that the parties are in direct
conflict on the evidence presented, to the extent that we are unable to make a
reasoned finding on the issue. In our Award 20408 we stated the principle applicable to the p
"The Board has often held that in the face of
a conflict, such as that presented here, it will
dismiss the claim on the basis that claimant has
failed 'to establish facts sufficient to require
or permit a finding that Carrier' violated the
Agreement ...".
The Carrier also asserts a time limit violation occurred in this case;
however, because of our disposition of the claim as stated above, we need not
consider the respective contentions dealing with that issue.
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 tha 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.
Claim dismissed.
ATTEST
Executive
A W A R D
Dated at Chicago, Illinois, this 15th day of December 1980.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division