(Brotherhood or Railway, Airlines and Steamship Clerks, Freight Handlers., Acpress and Station Employes PARTIES TO DISPUTE:

3TATRWT Cg' CLAai: Claim as the System Committee or the Brotherhood
(OL-90CP-) test:

 CLAIM NO. 1












    (b) Mr. Thomas Webb incumbent of position A-543, T 6 E Claims Clk., rate $62.53 per day should be allowed 8 hours at the pro rata rate of $62.74 per day in addition to any other earnings allowed him because of this violation of the Clerks' Agreement.


    (c) Ms. Kathleen Rent present incumbent of position A-16, Key Punch operator, rate of $52.60 per day former incumbent of position A-653 before its abolishment on Feb. 18, 1977 should now be allowed 8 hours at the pro rata rate of $58.15 per day in addition to any other earnings allowed bec the BRAC agreement.


    CLAIM N0. 3


    (a) The Carrier violated the BRAC General Agreement, Rules 12, 18, 23, 24, 42, 43, and 47 and others when they allowed and/or permitted Earl Sipes to perform duties co Timekeeper assigned to position A-612, which was occupied by the incumbent Mary Loris prior to position A-612 being abolished on Feb. 8, 1977. Claim should be allowed for the dates of Feb. 21, 22, 23, 24, 25, 28 and March 1, 2, 3, 4, 7, 8, 9, 10, 11, 14, 15,

    16, 17 and 18, 1977. And is to continue until position A-612 1,

    Station Timekeeper is reestablished and


    (b) Earl Sipes incumbent of position A-204, Accountant, rate $62.74 per day should be allowed 8 hours at the pro rata rate of $62.74 per day in addition to any other earnings allowed him because of this violation of the Clerks' Agreement, and


    (c) Mary Loris present incumbent of position A-38, Keypunch Operator, sate of $52.60 per day for before its abolishment on Feb. 18, 1977 should now be allowed 8 hours at the pro rata rate of $58.15 per day in addition to any other earnings already allowed her because of this violation of. the BRAC Agreement.


    CLAIM N0. 4


(a) The Carrier violated the BRAC Clerical Agreement. Rules 12, 18,
    23, 24, 42, 45 and 47 and others when they allowed and/or per- '.

    matted Ms. Oleta Adams to perform duties consisting of Station

    and Office timekeeper assinged to position A-601, which was

    occupied by the incumbent Floretta Taylor prior to position

    A-601 being abolished on Feb. 18, 1977. Claim should be allowed

    for the dates of Feb. 21, 22, 23, 24, 25, 28, and March 1, 2, 3,

    4, 7, 8, 9, 10, 11; 14, 15, 16, 17, and 18, 1977.

                          Award N<mmbac 23570 Page 3

                          Doc)mt Number M-23405


            (b) Oleta Adams incumbent of position A-217, Accountant, rate $62.74 per day, should be allowed 8 hours at the pro rata rate of $62.74 per day is addition to any other earnings allowed her, because of this violation of the Clerks' Agreement.


          (c) Floretta Taylor, present incumbent of position A-136, Per Diem Clerk, Car Records, rate $55.71 per day, former incumbent of position A-601 before its abolishment on Feb. 18, 1977, should now be allowed 8 hours at the pro rata rate of $58.15 per day is addition to any other earnings already allowed her because of this violation of the BRAC Agreement.


            CLAIM N0. 5 '


            (a) The Carrier violated the BRAC Clerical Agreement, Rules 12, 18, 23, 24, 42, 43 and 47 and others when they allowed and/or permitted Ms. Sara Gilbreath to perform du and Office Timekeeper assigned to position A-609 which was occupied by the incumbent Ms. Eleanor Joh A-609 being abolished on Feb. 18, 1977. Claim should be allowed for the dates of Feb..21, 22, 23, 24, 25, 28, and March 1, 2, 3, 4, 7, 8, 9, 14, 15, 16, 17 and 18, 1977. This claim is to continue until Position A-609 is reestablished, and


          (b) Sarah Gilbreath, incumbent of Position A-233, rate $62.74 per day, should be allowed 8 hours at the pro rata rate of $62.74 per day is addition to any other earnings already allowed her because of this violation of the Clerks' Agreement, and


            (c) Eleanor Johnson, present incumbent of position A-73, Keypunch operator with a rate of $52.60 per day, former incumbent of position A-609 before its abolishment Feb. 8, 1977 should now be allowed 8 hours at the pro rata rate of $58.15 per day in addition .to nay other earnings already allowed her because of this violation of the BRAC Agreement.


            CLAIM N0. 6


            (a) The Carrier violated the BRAC Clerical Agreement, Rules 12, 18, 23, 24, 42, 43 and 47 and others when they allowed and/or permitted Mr. James P. Richardson to perfo Station 6 Office timekeeper assigned to position A-626 which was occupied by the incumbent Mr. George Greenhill prior to position A-626 being abolished on Feb. 18, 1977. Claim should be allowed for the dates of March 14, 15, 16, 17, and 18, 1977. This claim

' is to continue until position of A-626 is reestablished and for
            every day that Mr. Richardson performs duties assigned to A-626,

            and

                Award Number 23570 page

                - Docket Number Q.-23405


(b) Mr. James R. Richardson incumbent of position A-81, Vacation
 Relief Clerk, rate $62.74 per day should be allowed 8 hours
 at the pro rata rate of $62.74 per day in addition to any other
 earnings allowed because of this violation of the BRAG Agreement,
 and

      (c) Mr. George Greenhill who is now working as a Extra Clerk former incumbent of position A-626 before its abolishment on Feb. 18, 1977 should now be allowed 8 hours at the pro rata rate of $58.15 per day in addition to any other earnings already allowed because of this violation of the BRAG Agreement.


      CLAIM N0. 7


      (a) The Carrier violated the BRAC Clerical Agreement, Rules 12, 18, 23, 24, 42, 43 and 47 and others when they allowed and/or permitted Ms. Mary Gutmann to perform duti & Office timekeeper, assigned to position A-604, which was occupied by the incumbent Ms. Anita P being abolished on Feb. 18, 1977. Claim should be allowed for the dates of Feb. 21, 22, 23, 24, 25, 28 and March 1, 2, 3, 4, 7, 8, 9, 10, 11, 14, 15, 16, 17 and 18, 1977 and.


(b) Ms. Mary Gutmann incumbent of position A-201, Accountant,
 rate $62.74 per day should be allowed 8 hours at the pro rata
 rate of $62.74 per day in addition to any other earnings allowed
 her because of this violation of the Clerks' Agreement, and

      (c) Ms. Anita Price present incumbent of position A-51, Key Punch operator, rate $52.60 per day former incumbent of position A-604 before its abolishment on Feb. 18, 1977, should now be allowed 8 house at the pro rata rate of $58.15 per day in addition to any other earnings already allowed her because of this violation of the BRAG Agreement.


OPINION OF BOARD: As a result of a reduction is the need for various types
 of Timekeeper positions caused by a business decline
 resulting fray severe weather conditions is January-February, 1971., the
 six (G) positions which are involved in this dispute were abolished effective
 on February 18,, 1977 by proper advance notice. These positions were
 subsequently reestablished effective.March 21., 1977. -The voluminous,record
 which makes up the file is this case covers seven (7) separate claims in
 volving the six (6) positions which were abolished during the period
 February 18 to March 21., 19'('(.
                    . Award Number 23570 Page 5

                    Docket Number (:L-23405


        Petitioner contends and argues that the six positions were not

abolished is fact because other regularly assigned clerical employee were
 required to perform the work of the abolished positions on a regular basis.

 carrier, on the other hand, argues that the work of the abolished positions which remained to be performed was properly assigned to other regularly assigned clerical positions at the location and that, as needed, other employee were used during their tour of duty to assist the employee to why the remaining work was assigned as permitted by Rule 37 of the negotiated Agreement.

        Rule 37 reads as follows:


                      "Absorbing Overtime


        "Flnployees will not be required to suspend work during regular hours to absorb overtime.


        NOTE: Under the provisions of this rule, as employee may not be requested to suspend work and pay during his tour of duty to absorb overtime previously earned or is anticipation of overtime to be earned by him. It is not intended that an employee cross craft lines to assist another employee. It is the intention, however., that as employee may be used to assist another employee during his tour of duty is the same office or location where he works and is the same seniority district without penalty. An employee assisting another employee on a position paying a higher rata will receive the higher rate for time worked while assisting such employee, except that existing rules which provide for payment of the highest rate for entire tour of duty x111 continue in effect. An employee assisting another employee on a position paying th rate will not have his rate reduced."


Based upon our review of the extensive record is this cane and after consideration of the various contentions of the parties, we can only conclude that the action taken-by the terrier in this dispute is not prohibited by any Agreement provision to which we have been referred. Therefore, the claims must be and are denied.

        FM?;YGS: The Third Division of the Adjustment Board, upon the whole record sad all the evidence, finds and holds:

              Award Nsmiber 23570 Page 6

              - Docket Number CL-23405


        That the parties waived oral hearing;


That the Carrier and the Employee in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Acts 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 denied.


                              NATIONAL RAZt.ROAD ADJUS24ENT BOARD

                              By Order of Third Division


ATTEST: Acting &-cecutive Secretary
 2dational Railroad Adjustment Board

 -w
 By /ih"~;~y 4:-·i.~rt.. ~L.y
    o emarie Brasch - Administrative Assistant


Dated at Chicago., Illinois this 10th day of March 1982·

                                      · ecCEIVEp

                                                  `;


,.

 AFR 16 19S?

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