Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28282
THIRD DIVISION Docket No. MS-28452
90-3-88-3-287
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Richard C. Teed
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Do the senior clerk/CRT positions in the system finance department
come under the provisions of BRAC Rule 33 - the preservation of rate rule?
Conrail System Docket CR-3692, New England Division Case 09-85-N-0154."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In this case, although certain procedural issues have been advanced,
we conclude that the Claim is best addressed on its merits.
The record shows that the Claimant had assumed the Supervisor's
duties while that person was on vacation. The question before us is whether
the Claimant was entitled to the difference in pay between his own rate as
Senior Clerk/CRT position and that of the Control Supervisor's position while
he performed the Supervisor's duties.
We find that the Carrier's position on this Claim is proper. Pursuant to an October 12, 1982 Agr
designated as a Senior Clerk/CRT Operator to fill in for Control Supervisors
when they were absent. A higher rate of pay was established for this "Senior"
Operator position because his job description and duties required him to be
qualified to assume the duties of the Supervisor when that person was absent.
The record shows that the Senior Clerk's position rates are standard throughout the Carrier's system
Supervisor without an increase in their rate of pay.
Form 1 Award No. 28282
Page 2 Docket No. MS-28452
90-3-88-3-287
In view of all of the foregoing, there is no basis to sustain the
Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: mLncy`Tancy J. ev -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.