NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25234
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.~ Thomas F. Carey, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Northeast Illinois Regional Commuter Railroad Corporation
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9802)
that:
1. Carrier violated the Agreement Rules, particularly the February
7, 1965 National Mediation Agreement, when it failed to compensate P. M. Tolzmann
$32.42 which represents the difference in her guaranteed rate of pay and the
amount earned by her during the month of December, 1981, and
2. Carrier shall be required to compensate Ms. Tolzmann $32.42 for
the month of December, 1981.
OPINION OF BOARD: According to the record the Claimant had secured her position
with the Chicago and North Western Transportation Company
which would act as agent and operator for the Regional Transportation Authority.
This was achieved through a March 22, 1980 Memorandum between the Parties.
Claimant was also a designated Protected Employee under the terms of the February
7, 1965 Employment Stabilization Agreement and, as such, had an adjusted protected
rate of pay.
The record clearly states that in the Memorandum of Agreement, Item
I. provides that:
"Pursuant to 49 U. S. C. Section 11125 and Directed Service Order No.
1437 issued by the Interstate Commerce Commission on March 21, 1980,
the Chicago and North Western Transportation Company as agent for the
Northeast Illinois Regional Commuter Railroad Corporation and for the
Regional Transportation Authority, Directed Service Carrier, shall
hire the employees of the Chicago, Rock Island and Pacific Railroad
to the extent that they are necessary to the operation of the Rock
Island commuter service in Northeast Illinois and shall assume the
existing employment obligation and practices of the Rock Island for
those employees including agreements governing rates of pay, rules
and working conditions, and employee protective conditions, for the
period during which Directed Service Order No. 1437 is effective."
(emphasis added)
Carriers reliance upon Item 7 of the Memorandum of Agreement, that
"The C&NW shall not be responsible to any employees of the Rock Island hired
hereunder for any claims or debts due and owing to such individuals because of
any employment, services performed, or obligations incurred on work done prior
to the actual hiring of such individuals by the C&NW^ is found to be misplaced.
Item 7 does not supersede Carrier's obligation under Item 1 of the Agreement as
previously cited. Item 7, applies only to work done prior to the actual hiring
of workers to operate the commuter service.
Award Number 25045
Docket Number CL-25234
The Claim is sustained.
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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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Nancy J.ver - Executive Secretary
Dated at Chicago, Illinois, this 4th day of October 1984.