Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31963
Docket No. CL-32487
97-3-95-3-392
The Third Division consisted of the regular members and in addition Referee
James E. Yost when award was rendered.
(Transportation Communications International Union
PARTIES TO DISP TT .:
(Terminal Railroad Association of St. Louis
STATEMENT OF . .AIA1:
"Claim of the System Committee of the Organization (GL-11162) that:
1. Carder violated the Agreement between the parties, expressly Rule
50 and any associated rules of the TCU Agreement when on May 12, 1994
it transferred the duties of the First Shift Crew Clerk position (CB70)
rated 5118.88 per day to the new Third Shift Crew Clerk position (CB77)
rated S115.04 per day but refused to transfer the higher rate of pay; with
claim commencing on Thursday, May 12, 1994 and continuing each
Thursday until settled for 53.84 for each Thursday, the difference in rate
of pay of the involved positions.
2. Carrier shall now be required to compensate Crew Clerk, Mr. R.
F. Messersmith, occupant of Crew Clerk Relief No. 101, Madison, Illinois,
$3.84 for each Thursday commencing May 12, 1994 and continuing until
settled."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21,1934.
Form 1 Award No. 31963
Page 2 Docket No. CL-32487
97-3-95-3-392
This Division of the :Adjustment Board has jurisdiction over the dispute involved
herein.
Patties to said dispute were given due notice
of
hearing thereon.
The Board as a whole finds that the facts and arguments presented in this dispute
are not distinguishable from those presented in Third Division Award 31962. For the
reasons set forth in that Award, this claim will be denied.
AR
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 19th day
of
March 1997.