NATIONAL RAILROAD AATUSTMENT BOARD
THIRD DIVISION Locket Number MS-24969
Marty E. Zusman, Referee
(Eugene R. Houghton
PARTIES TO DISPUTE:
(Consolidated Rail Corp.
( (Former Penn Central Transportation Company
STATEMENT OF CLAIM:
(1) The changing of Eugene R. Houghton's ICC Number from 22 to 28
was contrary to the
intent of
the law's intended to protect employees rights
placing him in a worse position with respect to compensation and working conditions,
rights and privileges than other employees with the same ICC classification.
(2) Bridge Inspector Houghton shall be compensated for all moneys
lost, due to these inequities.
OPINION OF BOARD: Claim before the Board centers on the issue of whether
Claimant Eugene R. Houghton was denied appropriate compensation
when on February 1, 1982 a new collective bargaining agreement became effective.
A careful review of the instant case clearly documents that the Carrier
was in accord with the provisions of the controlling letter of agreement.which
specifically mandated appropriate changes in rates of pay as in the situation
presently at bar. The Board finds nothing in the record to suggest current agreement
contravention by
the Carrier. The fact that the CZalmant does not agree with the
negotiated agreement does not give this Board the right to circumvent or question
its intent and validity. This ruling by the Board is consistent with past
awards of the National Railroad Adjustment Board (Third Division Awards 24097,
24382).
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 r3nployes 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 denied.
Award Number 24885
Locket Number MS-24969 Page 2
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
ancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this
i