Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31964
Docket No. CL-32497
97-3-95-3-401
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 DISPUTE: (
(Terminal Railroad Association
of
St. Louis
STATE^I ENT OF CLAIN):
"Claim of the System Committee
of
the Organization (GL-11163) that:
1. Carrier violated the Agreement between the parties, expressly Rule
50 and any associated rules
of
the TCU Agreement when on May 11. 1994
it transferred the duties of the First Shift Crew Clerk position (CB70)
Madison, Illinois rated SI18.88 per day to the new Third Shift position
(CB77) rated 5115.04 per day without the rate
of
pay being transferred:
with claim commencing on Wednesday, May 11, 1994 and continuing until
settled for $3.84 per day, the difference in rate
of
pay
of
the involved
positions.
2. Carrier shall now be required to compensate each extra employe
who performed or will perform service on new Crew Clerk position CB77,
third shift 11:00PM to 7:OOAM for $3.84 per day, commencing May I1,
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. 31964
Page 2 Docket No. CL-32497
97-3-95-3-401
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties 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.
SWARD
Claim denied.
QRDER
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.