NATIONAL RAILROAD ADJOSTKEMT BOARD
THIRD DIVISION Docket Number
MS-24315
Joseph A. Sickles, Referee
(Clarence R. Hayes
PARTIES TO DISPUTE:
(Western Wela~ and Inspection Bureau
STATR4ENT OF CLAIM: "This is to serve notive as required by the Rules of
the National. Rails Adjustment Hoard, Third Division,
of my intention to file an Experts SabVission thirty (30) days from date
of this notice covering unadjusted disputes between me and the Western
Weighing and Inspection Bureau involving the following claims:
(1) - Abolishment of Position #42, held by C. R. Eaves, Agent
Galveston, Texas, effective August 1,
1978.
(2) - Removal of work files, previously worked by C. R. Haves,
Agent, Galveston, Texas, to Houston, Texas.
(3) - Cle-Im far Memorial Holiday pay, date of- May
29, 1978."
OPINION CF HOARD: The
Claimant
requested holiday pay for May
29, 1978.
Quits aside and apart from the various procedural and jurisdictional
objections raised by the Hnployer, we are of the view that nothing has been
presented to us to demonstrate that the Moployer did not have a right to
abolish assigments. Here we find a legitimate decline is business, and the
carrier acted appropriately insofar as any rules are concerned. Accordingly
we will deny tine claim.
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 a" the 1hployes involved in this dispute are
respectively Carries and Employee within the meaning of the Railway Labor
Art, as approved June
21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
Award Number 24378 page 2
Docket Number SG-24168
That the Agreement vas not violated.
A 5P A R D
Clete denied.
NATIONAL RA3Z80AD ADJUSTMM HOARD
By Order of Third Division
ATTFSTt Acting Executive Secretary
National Railroad Adjustment Board
By i~
Rosesarie Brasah · Administrative Assistant
Dated at Chloago,
T111nndsp
this 13th day of May 1983.
GE\ V E D
y
x
Ch'-Ca 9o Ois.`ce.
0
Serial
No.
317
NATIONAL RAILROAD ADJUSTMENT BOARD
TBIRD DIVISION
INTERPRETATION N0. 1
TO AWARD NO. 24378
DOCKET NO. MS-24315
NAME
OF
INDIVIDCML: Clarence H. Hayes
NAME
OF
CARRIER: Western Weighing and Inspection Bureau
Upon application of the employe involved in the above Award that
this Division interpret the same in the light of the dispute between the parties
as to its meaning and application, as provided for in Section 3, First (m) of
the Railway Labor Act, as approved June 21, 1934, the following interpretation
is made:
The requested interpretation seeks to reargue the merits of the
dispute and to urge, again, various procedural questions.
The Division has no authority under the guise of an interpretation
to amend, modify or expand the scope of an Award and can only explain and
interpret it to light of the circumstances that existed when the Award was
rendered. There is no proper request for interpretation before us and we will
reaffirm our original Award.
Referee Joseph A. Sickles, who sat with the Division, as a neutral
member,-when Award
No.
24378 was adopted, also participated with the Division
in making this interpretation.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: z
Nancy J. D~vGeg~;e Executive Secretary
Dated at Chicago, Illinois, this 4th day of November, 2983