NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-24198
I. M. Lieberman, Referee
(Mr. Thomas G. Batholomew
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad Company
STATMENT OF CLAIM:
(1) The Carrier violated the terms of the Agreements between the parties,
when on March 3, 1980, it transferred the station accounts and clerical work
attaching, from Metropolis, Reevesville, Brownfield, Golconda, and Rosiclare, I11., to
the Paducah, Kentucky Freight Agency and assigned the transferred duties to four (4)
clerical employees in that office, but allowed the benefits of the agreements to
only one clerical employee in violation of the IC-GM&O Merger Agreement, Station
Consolidation Agreement of 1966, Rule 15, 16, 26, 30, 36 and 37, among others of the
working rules in effect between the parties.
(2) The Carrier shall compensate Thomas G. Bartholomew, eight hours at
the time and one-half rate of Position No.22; each work day, in addition to any
other compensation received from March 3, 1980 and continuously until the Customer
Service Agent-Chief Clerk Position NO. 22 is abolished and/or filled by the senior
Merger Protected Employee making application and awarded the newly established Position
within the provisions of the agreement between the parties.
OPINION OF BOARD: The issue involved in this dispute concerns the abolishing of the
Customer Service Agent's position (CSA-24) at Rosiclare, I11.
effecive March 3, 1980 and the alleged consolidation of part of the work with
the Chief Clerk's position (Position 22) at Paducah. Petitioner relies, in part
on the application of section 9 (c) as well as 9 (e) of the Merger Agreement,
and his seniority. There is also reliance on Rule 15 (b) of the Schedule Agreement.
An examination of the record reveals that Carrier and B.R.A.C. (the
Organization involved in this matter) have uniformly followed the selection procedures
outlined in Article I, paragraph 3 in consolidating agency positions under the
Merger Agreement. Furthermore under Section 9 (b) of the Merger Agreement, only
30 days notice was required, contrary to Petitioner's contention, and it was given in
this case.
The Board can find no violation of the rules in this dispute and the
evidence presented by Claimant is not persuasive. Further, there apparently was an
enlargement of the Claim from that presented on the property.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
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;
Award Number 24924
Docket Number MS-24198 Page 2
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 RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
Nancy J?~G°ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of July 1984.