NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Docket Number
CL-23116
Joseph A. Sickles, 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-8874)
that:
1) Carrier violated, and continues to violate, the Clerks' Rules
Agreement when it failed to maintain and apply the proper rate of pay commensurate with the duties r
Clerk at
Cedar Rapids, Iowa.
2) The rate of pay of Position No. 33800 shall be adjusted to conform
with agreed-upon rates of pay of Chief Yard Clerk positions in Seniority District
No. 30.
3) Carrier shall compensate employe E. L. McMickle for the period he
occupies the position of Chief Yard
Clerk and
any/or all employes who occupy that
position subsequent to Employe McMickle, the difference between the amount they
would have received if the proper rate had been applied to the position beginning
on September 1, 1977.
OPINION OF BOARD: On or about
September 1,
1977, certain duties and responsibilities
which had previously been performed by Assistant Agent Position
16905 were assigned to the incumbent of Position 33800 (Chief Yard Clerk). Contem
poraneously, certain of the duties of that position were reassigned to the position
of Yard
Clerk (33840
).
The Employes cite certain rules of the agreement and urge that the
Carrier's actions require an adjustment in the rate of pay for Position 33800 so
as to conform with the rates of pay which are presently in effect on various Chief
Yard Clerk positions within the seniority district.
The Carrier opposes the claim for a number of reasons, not the least of
which being the fact that adjustment in rates are matters properly the subject of
negotiations - not arbitration before this Board.
Award Number 23160
Docket Number CL-23116 Page 2
We have considered the record, and the rules cited by the Employes.
We are unable to find evidence to substantiate a finding that any of the rules
were violated by the Carrier and, accordingly, we have no alternative but
to deny this claim for failure to prove a violation.
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 denikd.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST;
Executive Secretary
Dated at Chicago, Illinois, this 30th day of January
1981.